Definition of term: Single in the legal context
The term ‘single’ refers to an unmarried, unattached person who is neither married nor in a registered civil partnership. Legally, singles play a significant role as numerous legal provisions are based on marital status. The status of being single affects various areas of law, such as tax, social security, inheritance, tenancy, and family law. The following provides a comprehensive overview of the most important legal aspects.
Classification under family law
Status determination
In German law, the term single is not legally defined as such. It serves as a general term for unmarried adults, regardless of whether they live in a cohabitation or not. However, for many legal consequences, the decisive question is often whether a person is married or in a registered partnership, and not whether they actually live alone.
Status verification
The entry of marital status is made in the civil status register by the registry offices. The following marital statuses are officially recognized:
- single
- married
- widowed
- divorced
- in a registered partnership (or civil partnership established/dissolved)
Persons are considered ‘single’ if they are neither married nor in a registered partnership, nor divorced or widowed. In the narrower sense, these are those who are colloquially referred to as ‘single’.
Tax law significance
Basic taxation of singles
In tax law, marital status is an essential factor. Single individuals are generally assigned to tax class I. Taxpayers without a partner do not benefit from income splitting for married couples. In payroll tax, the absence of a spouse or registered partner and the absence of children affect the amount of tax due.
Tax classes for singles
Tax class I applies to:
- unmarried persons
- permanently separated spouses
- divorced persons
- widowed persons (after the first calendar year following the spouse’s death)
Tax relief: Unlike married couples or single parents (tax class II), singles do not have specific relief amounts based on their marital status, except under certain conditions, such as through household allowance according to § 24b EStG.
Effects on social contributions and child benefit
There are no special regulations for singles regarding social contributions. Child benefit is determined independently of marital status and depends instead on the number of children for whom there is an entitlement.
Social law aspects
Law on social benefits
In the area of social security (for example, basic income support, unemployment benefit II), single households are regarded as one-person beneficiary units. This results in a standard rate based on the assumption of a single individual.
Beneficiary unit
If a single person lives with other adults in a dwelling, a precise examination will be made as to whether there is a beneficiary unit or merely a shared household. This distinction is legally significant for determining eligibility for social benefits.
Questions regarding maintenance obligations
Singles are generally not obliged to provide maintenance—an obligation arises only if there are maintenance duties towards children or, under certain circumstances, towards parents. Conversely, singles usually have no claim to spousal maintenance.
Tenancy and housing law
Rental agreements
In tenancy law, the status of being single is particularly relevant for calculating the size of a dwelling, the tenancy agreement, and the return of the rented property. As a rule, there are no special provisions, but the landlord may stipulate terms for subletting if another person is to be added to the household.
Broadcasting fees
Singles have a full obligation to pay the broadcasting fee if they live in their own household, since the obligation is levied per household.
Relevance under inheritance law
Statutory succession
Singles without their own children or parents as statutory heirs often result in siblings or more distant relatives being entitled to inherit. Statutory inheritance law strictly follows the order of the German Civil Code (BGB) and does not differentiate based on actual relationship status, but instead on the absence of a marriage or civil partnership.
Freedom of testation
Single individuals can generally dispose of their assets freely by will or inheritance contract, since there is no statutory spousal or partner’s inheritance right securing a share of the estate.
Aspects of insurance law
Private and statutory insurance
Singles are subject to the same rules as other persons regarding statutory health, pension, and long-term care insurance. For private insurance policies, such as life or accident insurance, entitlement to co-insurance of a partner does not exist. The premium amount is calculated individually and is not based on marital status; exceptions exist for family coverage.
Residence and immigration law
Family reunification and visa
In residence law, being single is a relevant fact for the right to bring in family members or partners. Singles have no entitlement to family reunification unless maintenance obligations exist (e.g., for children), or a partnership is proven.
Labor law implications
Special leave, care leave
Under labor law, there are particular entitlements, such as special leave in case of the death of a spouse, which singles cannot claim. The same applies to care leave, which is often only granted for close relatives.
Outlook: Changing significance of the term single
The definition and legal treatment of the term single has continually evolved as a result of societal changes and legal reforms. While family law status remains decisive in many areas, new lifestyles such as non-marital partnerships are becoming increasingly important, for which different regulations may apply.
Summary
The term single is not legally defined but generally describes the living situation of persons without marriage or registered partnership. Depending on the particular area of law, there are specific consequences, particularly in tax, social security, tenancy, inheritance, and insurance law. Here, the focus is always on distinguishing from married or partnered persons as well as obligations to provide maintenance or caring for children.
Legal sources (selection):
- German Civil Code (BGB)
- Income Tax Act (EStG)
- Social Security Codes (SGB)
- Tenancy law provisions
- State Treaty on Broadcasting Fees
Related terms:
- Unmarried status
- Single person
- Unmarried person
- Beneficiary unit
Frequently asked questions
What legal impact does the marital status “single” have on tax matters?
In German law, marital status plays a central role in taxation. ‘Single’ refers to persons who are unmarried, that is, neither married nor in a registered partnership and not living in a registered civil partnership. Singles are generally assessed under tax class I. This means that they are not entitled to the splitting tariff, which applies to married couples or registered civil partners. Singles may be entitled to various allowances, such as the basic allowance, but do not benefit from additional allowances provided for jointly assessed spouses or families with children. Marital status “single” also helps employers determine the correct tax class and any possible child allowances for payroll tax. In the context of the annual wage tax adjustment, the status “single” may lead to some tax benefits—such as income splitting for married couples or the tax relief for single parents—not being claimable, unless another requirement applies, such as childcare by a single person.
What rights and obligations do singles have under German tenancy law?
Under German tenancy law, marital status is generally irrelevant for the basic rights and obligations under the lease agreement. A single person enters into the tenancy alone and is solely responsible for fulfilling contractual obligations, such as payment of rent and compliance with house rules. Unlike rental agreements with several parties—for example, married couples or shared flats—singles are not jointly and severally liable. Matters may become more complex if, during the tenancy, another person uses the apartment (e.g., a new partner or subtenant): In this case, the landlord must especially be informed of any permanent use and, if necessary, give consent to subletting. If a single tenant dies, the tenancy generally ends with their death, unless certain persons (for example, children) step in as provided by law.
What effect does the marital status “single” have in inheritance law?
In German inheritance law, marital status is decisive for statutory succession. Singles without a spouse or partner are only succeeded by relatives under intestate succession. If there are no relatives, the estate passes to the state (right of appropriation). However, singles can dispose of their assets individually through a will or inheritance contract. Unlike spouses and registered partners, singles enjoy no inheritance privileges such as statutory inheritance rights for a partner or tax allowances for spouses. The compulsory portion right also does not apply for singles concerning a partner, only for children, parents, or other statutory heirs.
What entitlements to social benefits do singles have?
Singles have, in principle, the same entitlement to social benefits as other citizens, but the calculation of benefits such as Unemployment Benefit II (Hartz IV), housing allowance, or BAföG takes into account their status as a single person. This is particularly relevant for needs assessment: Compared to beneficiary units, higher rates for living expenses (basic needs) are generally provided for singles because they do not share a household. However, there is no possibility of benefiting from partner advantages or child-related benefits unless the single person is also a single parent. For housing allowance, flat-rate maximum amounts per person apply, for example.
What rules apply to singles with regard to health insurance?
In Germany, there is a general obligation to have health insurance. Singles are required to be insured either with the statutory health insurance (GKV) or private health insurance (PKV). Since singles cannot benefit from joint family insurance within the GKV for spouses or children, they must pay their contributions in full themselves. They do not benefit from reduced partner or co-insured rates. In private health insurance, the status ‘single’ may be queried during contract conclusion but does not negatively affect individual contributions. Free co-insurance of third parties is generally not possible for singles.
Are there any special rights or obligations for singles under adoption law?
Singles can in principle adopt under German law, but special legal requirements apply to them. They may conduct single adoptions, i.e., become sole adoptive parents. The suitability assessment by the youth welfare office is particularly stringent, with a thorough examination of whether the single person offers stable living conditions, financial security, and a supportive social environment. The so-called successive adoption (adoption of a child by the partner of a single person) is not available to singles. In some cases, preference is given to couples, which in practice can make adoption more difficult for singles, although it remains legally permissible.
Are there any special regulations for singles under residence law?
Under residence law, marital status plays a role insofar as certain residence permits are linked to marriage or civil partnership—such as family reunification or spouse’s visa rights. Single persons cannot claim privileges based on family-related residence permits. Instead, their right of residence is based on their own situation, such as employment, studies, or humanitarian reasons. Singles are not entitled to family reunification, as this only allows foreign spouses, registered civil partners, or minor children to join, but not singles without family members.
What legal special features apply to singles when applying for parental allowance?
Single parents can apply for parental allowance if they raise a child without a partner. The assessment period is the same as for couples, but only the income of the caring parent is considered. A particular advantage for singles is the so-called ‘single parent bonus’, which can allow for a longer receiving period. Parental allowance for single parents is calculated based on individual income and is not affected by a partner’s income, as is the case for couples. The entitlement period is the same as for other parents: up to 14 months if sole custody exists. The single parent status must be proven to the parental allowance office.
