Can I Lose My Spanish Residency If I Get Divorced?
Expat Tips
Published: 31 August 2023 16:06 CET
Updated: 21 April 2025 20:03 CET
Navigating the intricacies of residency requirements and legal obligations is essential for expatriates in Spain. The family member of an EU citizen residence card (commonly known as the community card or EU family member residence card) remains one of the most sought-after permits by non-EU nationals starting a new life in Spain.
A significant number of these expatriates obtain this permit through marriage or registered civil partnerships — known in Spain as pareja de hecho — with a Spanish or EU citizen. The card grants a five-year right to live and work in Spain. But what happens if the marriage or partnership ends? Can a breakup cause you to lose your Spanish residency? It’s a real concern for many.
This article has been updated with the most current information available in 2025 and outlines what happens to your residency if your relationship ends, and what steps you must take to protect your legal status in Spain. Spain’s immigration offices have increasingly tightened enforcement in 2024–2025, making it essential to understand how to retain your residency independently after separation.
We will answer the following questions:
- Will I lose my Spanish residency if I end my marriage or civil partnership?
- What requirements must I meet to keep the EU family member card?
- What legal steps must I take to protect my residency status?
Will I lose my Spanish residency if I cancel my marriage or civil partnership?
The short answer: not necessarily.
When you apply for the family member of an EU citizen card, you are granted a five-year residence and work permit (often called the community card). If your legal relationship ends during that period, there are two possible outcomes:
- If you meet specific criteria (outlined below), you may keep your EU card for the remainder of the 5-year period and even renew it independently of the EU citizen.
- If you don’t meet the criteria, you’ll be moved from the EU-regulated residency scheme to the general immigration system. You would need to apply for a standard residence and work permit — and if your relationship lasted less than one year, you may not be eligible to transition at all.
This is especially important if the authorities suspect the marriage or civil union was not genuine. Early divorces (under 1 year) are often red flags. Immigration offices are stricter in 2025, particularly in Madrid, Valencia, Catalunya, and the Balearics.
What requirements must I meet to keep the EU family card after separation?
According to Spain’s immigration regulations (Royal Decree 240/2007), you may keep your residency status if the following two conditions are met:
- Your marriage or pareja de hecho lasted at least three years
- You lived in Spain together for at least one of those three years
If you meet both criteria, you may continue living in Spain legally with the same card until it expires, and then renew it for another five years without it being tied to your ex-partner’s nationality or status.
What if I don’t meet the 3-year requirement?
There are certain exceptions where Spanish immigration offices may still allow you to stay legally:
Domestic abuse exception
You were a victim of domestic abuse and can provide supporting evidence.
Child custody exception
You have custody of a mutual child with the EU citizen.
Visitation rights exception
You do not have custody, but have legally established visitation rights and the child resides in Spain.
Each case is evaluated individually, and documentation must be strong. Legal guidance is strongly recommended in 2025 due to tighter criteria in some provinces.
What is the legal process to avoid losing your community card?
To maintain your legal status in Spain after a divorce or partnership dissolution, follow these steps:
1. Complete the legal dissolution
Formally complete the divorce or cancel the pareja de hecho.
2. Wait for the official resolution
Wait for the official resolution or court notification confirming the dissolution.
3. Notify immigration
Once received, notify your local immigration office within one month (recommended even if not explicitly defined in law).
4. Provide supporting evidence
Provide evidence that you meet the 3-year requirement or qualify under one of the exceptions.
Regional immigration offices may interpret the regulations differently. If you are no longer registered at the same address (padrón), some offices may treat this as a de facto separation long before the legal ending, which can affect renewal.
Make sure to keep your padrón and NIE details up to date. You may also find it useful to review the general residency process here: Residencia: Applying for Residency in Spain.
Non-EU spouses who later need to transition to a different residency type may also find this helpful: How To Get Your Spanish NIE Number.
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Conclusion
Understanding the rules and exceptions can help you protect your legal residency in Spain even if your marriage or civil partnership ends. Staying informed and acting quickly is essential for maintaining long-term stability in Spain.
Private Medical Insurance for Visa and Residency
If you need ongoing residency or visa protection in Spain, immigration offices require private medical insurance with no co-payments. Compare visa-approved policies here: Sanitas No-Copayment Health Insurance.
