Private Cover Is Always Individual
Unlike statutory family insurance, where a non-earning spouse and children ride along on one contribution, private health insurance covers each person on their own policy. In an intact marriage that is just an administrative detail. In a divorce it becomes a live issue, because separating the household also means separating — and re-securing — everyone’s health cover. Handled early, it is straightforward; left to the last minute, it can leave someone briefly exposed.
The key point: a dependent spouse who was privately insured during the marriage does not lose the policy on divorce — it is their own contract — but they may lose the income that paid for it. The question is less “who is covered” and more “who pays, and does the ex-spouse still qualify for PKV at all”.
The Dependent Spouse
A spouse who did not work during the marriage keeps their existing private policy, but must now fund it themselves. Depending on their new circumstances, options include continuing the PKV tariff, switching to a cheaper tariff within the same insurer to cut cost, or — if they take up employment below the income threshold — potentially moving into statutory cover. Where one former partner is obliged to pay maintenance, health-insurance premiums are typically part of the needs that maintenance is calculated to cover.
The Children
- Existing child policies continue: privately insured children keep their own contracts; what changes is who administers and pays them
- Maintenance includes health cover: a child’s insurance premium is part of their maintenance need, allocated between the parents under the maintenance rules
- Follow the earning parent’s status carefully: where children can be insured (PKV vs GKV) can hinge on the parents’ employment and income after separation — the same “mixed parents” logic that applies to unmarried couples
Practical Steps When Separating
Confirm each person’s policy and who will pay it going forward; update payment details so nothing lapses in the transition; and fold health-insurance premiums explicitly into any maintenance calculation rather than leaving them as an afterthought. If the dependent spouse’s premium is a strain, raise a tariff review with the insurer early — a §204 tariff change can lower the cost without losing accrued reserves.
The Bottom Line
Because PKV is individual, divorce does not cancel anyone’s cover — but it does move the responsibility for paying it, and it can change what cover a former dependent spouse qualifies for next. Settle who pays each policy, build health premiums into maintenance, and review tariffs early, so no one falls through a gap while the paperwork catches up.
Frequently Asked Questions
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