Marital rights to the property of the former spouse may be lost after divorce – a time limit will be imposed on marital rights to property

In future, marital rights to property will expire ten years after the marriage or registered partnership has ended. This means that the right to the property of the former spouse may end entirely if the distribution of the property is not carried out in time after the divorce. The change is based on a legislative amendment that entered into force on 1 June 2026.

Marital rights to property may now expire 

Marital rights to property mean that both spouses have the right to obtain half of the spouses’ combined property when their marriage ends. Marital rights may be ruled out in full or in part by means of a prenuptial agreement.  

Under the new act, marital rights to property expire 10 years after the divorce decision or the annulment of the marriage. Marital rights to property will not expire if the marriage ends with the death of a spouse.  

Expiration can be prevented with an agreement 

The spouses can agree on a longer period of validity of marital rights. The agreement must be registered with the Digital and Population Data Services Agency or the State Department of Åland before the end of the time limit for the marital rights to property.  

“If there is little shared property, the division of property may be a smoother solution. If the amount of the shared property is larger, the spouses may want to agree on extending the validity of the marital rights,” says Chief Specialist Paula Ojaniemi from the Digital and Population Data Services Agency.  

Advisable to clarify the situation in time  

The amendment applies both to future marriages and marriages and registered partnerships that have already ended previously. The time limit for marital rights to property depends on when the marriage has ended. If the marriage has ended before 31 May 2021, the marital rights will expire on 31 May 2031 at the latest.  

If the marital rights to property expire and the property has not been divided, the division of property can no longer be done. In other words, the wealthier spouse does not need to transfer any adjustment to their former spouse. In this case, the former spouse is also no longer a shareholder in the estate of their former spouse.    

"The aim of the legislative amendment is to clarify situations in which the distribution of property remains undone for a long time. Long delays may cause unclear situations, for example, when there are new relationships and in inheritance situations,” says Ojaniemi.  

Additional information 

Read more about the registration of an agreement on the expiration of marital rights to property on our website. 

Paula Ojanieimi (Chief specialist)

[email protected]