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Finance & Law

How to protect your Christmas bonus from garnishment!

If you have financial problems and debts and have already had your wages or salary garnished, you can still look forward to receiving your employer's Christmas bonus. This is because the Christmas bonus is protected from garnishment up to 780 euros.
 

In summary: Protect your Christmas bonus from garnishment

Christmas bonus has been protected against garnishment up to 780 euros since July 2025. Employers pay out the protected amount automatically.

In the case of account seizures, the seizure protection on the P-account must be increased by application. Special payments at the end of the year are also protected if they are paid between November and January.

How high is the garnishment protection for Christmas bonuses?

The regulations are clear: Christmas bonuses are unattachable up to half of the monthly allowance in accordance with section 850c (1) no. 3 ZPO in conjunction with section 850c (4) no. 1 ZPO. Since July 1, 2025, this amount has been a maximum of EUR 780 (section 850c (1) no. 3 ZPO in conjunction with section 850c (4) no. 1 ZPO).

Note tax deductions for Christmas bonuses

You must bear this in mind: Taxes and social security contributions are deducted from the 780 euros.

Automatic payout and garnishment protection - what employers need to do

The employer must determine how much of the Christmas bonus is non-garnishable and transfer it to the employee with the salary. This happens automatically and the employee does not need to worry about anything.

If this does not happen automatically, the person concerned must initiate a clarifying discussion with their employer.

Do you have an account seizure? Then do so:

However, if you have an account attachment, you should urgently increase the amount that cannot be attached to the attachment protection account (P account) by the amount of the Christmas bonus.

Just because you have a P-account does not mean that the garnishment-free Christmas bonus is protected.

"This is because the protected basic amount and other already certified allowances will generally not be enough to secure the extra Christmas bonus," the consumer advice center points out on its website.

For this purpose, the debtor must file a corresponding application with the enforcement court of the place of residence, which is a division of the local court.

Sample letter: Additional release of the Christmas bonus for a P-account

A sample letter (additional release of the Christmas bonus for a P-account) can be easily downloaded from the consumer advice center:

Sample letter: Additional release of the Christmas bonus

When does garnishment protection also apply to special payments?

Important: The special remuneration paid out at the end of the year does not necessarily have to be called Christmas bonus or Christmas gratuity in order to receive the additional attachment protection. It is sufficient if the payment is made in connection with Christmas - i.e. between mid-November and mid-January of the following year.

Tips for those affected - act quickly!

Those affected should take action quickly, as the Christmas bonus is usually paid out with the November salary.

Help and contacts:in

If you have any questions or need assistance, affected employees whose company is a customer of pme Familienservice are welcome to contact the

pme income and budget counseling team
Angelika Heede
(specialist advisor)

Sources:

Consumer advice center

zero Spouses' emergency representation law: What you need to know!

Spouses' right of emergency representation
Age & care

Spouses' emergency representation law: What you need to know!

If a person was no longer able to make decisions about their own health due to an accident or serious illness, this often came as a nasty surprise for their spouse or partner.

Contrary to what they often thought, life partners were not automatically entitled to make decisions for their partner. The emergency spouse representation law gives spouses and civil partners the opportunity to make decisions in emergency medical situations, for example regarding medical examinations or treatments. 

In this article you will learn

  • When does the spouse's right of emergency representation apply and what options does it offer?
  • In which areas spouses will be able to make decisions in emergencies in future.
  • What limits the spouse's right of emergency representation has.
  • Why individual provision is still important.

When does the emergency spouse representation law apply and what does it include?

The "Right of emergency representation between spouses in health matters" comes into force in January 2023 .

According to this regulation, spouses can represent each other in emergency medical situations even without a living will or power of attorney and take over the healthcare of their partner who is unable to make decisions. However, this right only applies for a maximum of six months. 

If the condition has not improved after this, a legal guardian can be appointed by the guardianship court. Relatives, volunteers or full-time caregivers are usually considered for this.

In which areas will spouses be able to make decisions in future?

They can make decisions about treatments and examinations as well as decisions relating to property law that are directly connected to this (e.g. concluding treatment and care contracts). 

What are the limits of the spouse's right of emergency representation?

The new regulation expressly refers only to emergencies.

For example, spouses are only authorized to act once a doctor has confirmed their partner's incapacity in writing. In addition, the right of emergency representation only applies in direct connection with health care - but not for residential matters or the care of property.

Is the right of emergency representation mandatory?

No, it does not apply if it is contrary to the wishes of the patient. It does not apply if the patient has previously authorized another person in a health care proxy or has expressed a different will.

It also does not apply to spouses who are separated. 

What is recommended for comprehensive prevention? 

The spouse's right of emergency representation can be a great relief in acute situations. However, it does not replace the tried and tested precautionary options such as a health care proxy and living will.

On the one hand, these are not limited in time, and on the other hand, they offer considerably more freedom of design because they allow very individual arrangements for a wide variety of areas. 

An overview of spousal emergency representation law: 5 key points 

  • The emergency representation law comes into force in January 2023.
  • Spouses and registered partners can represent each other in healthcare matters.
  • The right of representation is only valid for a maximum of 6 months. 
  • A doctor must have confirmed the partner's legal incapacity.
  • Living wills and health care proxies are still recommended for comprehensive provision.
  •  

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