Divorce or separation is not a specific termination ground
Divorce or separation is not a specific legal ground for terminating a lease. The standard termination rules apply: 3 months notice with an indemnity during the first 3 years. If both spouses are on the lease, both must agree on the lease’s future, or a court may allocate the lease to one party. The landlord cannot terminate the lease because of the tenants’ divorce.
Belgian residential lease law does not recognise changes in personal circumstances (divorce, job loss, illness) as specific grounds for lease termination. The tenant remains bound by the standard notice periods and indemnities regardless of the reason for leaving.
However, when both partners are named on the lease, divorce or separation creates a specific legal problem: the lease is a joint obligation, and one partner cannot unilaterally terminate their share while the other stays.
Options when separating
| Situation | Options |
|---|---|
| Only one partner on the lease | Non-signatory partner leaves, no lease impact |
| Both partners on the lease | Transfer to one partner (addendum), or both terminate |
| Married couple (both on lease) | Court can allocate lease to one spouse |
| Legal cohabitants | Similar to married couples in some regions |
| De facto cohabitants | Standard rules, depends on who signed |
If both names are on the lease:
- Transfer to one partner — the departing partner, remaining partner, and landlord sign an addendum removing one party and confirming the other continues alone. The landlord must agree.
- Both terminate — both partners give notice together following standard rules (3 months notice, possible indemnity)
- One terminates, one stays — generally not possible without the landlord’s agreement, as the lease is a joint obligation
- Court allocation — in divorce proceedings, the family court can allocate the lease to one spouse
Contact the landlord as soon as possible to discuss the situation. Most landlords prefer to cooperate (via an addendum) rather than face the complications of a disputed lease. Propose a clear solution: either one partner takes over (with proof of income) or both leave with standard notice.
Court allocation of the lease
In divorce proceedings, the family court can:
- Allocate the family home (and the lease) to one of the spouses during the divorce proceedings as a provisional measure
- Permanently assign the lease to one spouse in the divorce judgment
- Order the departing spouse to contribute to the rent as part of maintenance obligations
The court considers the best interests of any children, the financial situation of both spouses, and the proximity to schools and workplaces. The allocation is binding on the landlord — they cannot refuse the court’s decision.
The spouse who is allocated the lease assumes all obligations (rent payment, maintenance, etc.). The departing spouse is released from their obligations toward the landlord from the date of the court decision.
For legal cohabitants who separate, similar provisional measures can be requested from the justice of the peace in some regions.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 does not contain specific provisions for divorce situations. General termination rules apply. Brussels family courts regularly allocate leases in divorce proceedings.
Walloon Region
The decree of 15 March 2018 follows the same approach. Wallonia provides that the surviving legal cohabitant may continue the lease, which can be extended to separation situations by analogy.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 contains provisions on lease continuation in case of death or departure of a co-tenant. Flanders provides specific rules for the allocation of the lease in case of separation of legal cohabitants.
Judicial Code provisions on provisional measures in divorce proceedings (art. 1280). Regional housing legislation on lease termination. Family court jurisdiction over lease allocation during divorce.