How a divorce affects the right of residence in Spain

Divorce can have a significant impact on a person's right of residence in Spain, especially if they are in the country by virtue of a marriage to a Spanish citizen or a citizen of the European Union. In this article, we will look at how a divorce can affect immigration status and residency rights.

Types of residence and their relationship with marriage

1. Temporary residence

When a foreigner obtains temporary residence in Spain through a marriage with a Spanish or community citizen, this permission is usually conditional on the duration of the marriage. In the event of divorce, the right to reside in the country may be affected. However, there are certain protections.

2. Permanent residence

After three years of marriage, the foreign spouse can apply for permanent residence, which is not conditional on the continuation of the marriage. If permanent residence has been obtained, divorce will not affect the right to remain in Spain.

Effects of divorce on the right of residence

1. Divorce before obtaining residency

If the marriage is dissolved before the residence permit has been formalized, the foreigner will automatically lose his or her right to reside in Spain. It is important to keep in mind that the residency application must be submitted while the marriage is still valid.

2. Divorce after obtaining temporary residence

If the foreign spouse has already obtained a temporary residence permit, the divorce may lead to a review of this status. However, in certain cases, the foreigner can request the continuity of his residence permit if he can demonstrate that:

• You have children in common with the Spanish or EU citizen.
• Has lived in marriage for at least three years.
• Has suffered situations of gender violence.

3. Divorce and children's rights

The rights of children may influence the right of residence of the foreign spouse. If there are children in common, the right to reside in Spain can be maintained, as long as it is demonstrated that parental obligations continue to be met.

Recommendations

It is essential that anyone who finds themselves in this situation consult with a lawyer specialized in immigration. Laws can change, and each case may have particularities that affect the outcome.

Conclusion

Divorce can significantly affect the right of residence in Spain. It is crucial to know the legal implications and consider professional advice to make informed decisions.

Written by:
Ariana Pérez
Visa and residency lawyer
Publication date: October 24, 2025

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