There is a moment when a degree suddenly makes sense: the job ends, a severance payment is on the table, and for the first time in years there would be time. In that moment people sit in front of me in a first consultation having already signed the termination agreement.
That is the wrong order. Not because studying after a separation is a bad idea, but because three provisions decide how many months you are actually buying yourself. All three only work beforehand.
The three deadlines, and they are independent of one another
| Provision | What triggers it | Consequence |
|---|---|---|
| Section 159 SGB III, blocking period | resignation or termination agreement without good cause | twelve weeks without benefit, plus a cut in the entitlement duration of at least a quarter |
| Section 158 SGB III, suspension | severance with a shortened notice period | entitlement suspended until the regular end of the period, for at most one year |
| Section 38 SGB III, duty to register | late registration as a jobseeker | a further week of blocking period |
The most important sentence about this table: these are three separate tests, not alternatives. They can apply alongside each other, and in the typical separation scenario they do. A termination agreement with severance and a shortened period brings both, blocking period and suspension. Anyone who only thinks about the blocking period plans their semester on a figure that is months out.
The third row is the most annoying, because it lies entirely in your hands. Registering as a jobseeker costs nothing and takes minutes.
Blocking period: why does "I wanted to study" not work?
Under section 159 SGB III a blocking period applies if you ended your employment relationship yourself, or gave cause for dismissal through conduct in breach of contract, without having good cause for it. A termination agreement expressly counts as ending the employment relationship, even where the initiative came from the employer.
Good cause exists where continuing the employment relationship could not reasonably be expected of you, taking all circumstances into account. The intention to take up a degree does not qualify. That sounds harsh, but it follows the logic of the provision: the insurance carries the risk of unemployment, not the decision to train.
The twelve weeks are only half the calculation. A blocking period of that length additionally reduces the duration of your entitlement under section 148 SGB III, by at least a quarter. Someone with a twelve-month entitlement therefore loses more than three months in real terms.
The point at which this can turn in your favour
If you are made redundant for operational reasons and then conclude a termination agreement, a blocking period may not apply, provided the dismissal was concretely and seriously threatened, the ordinary notice period is observed, and the severance stays within a customary range. That is precisely why it is worth having the draft reviewed by an employment lawyer before signing. The point is not the size of the severance but the wording, which decides twelve weeks of benefit.
Severance: does the amount count, or the notice period?
One misunderstanding is particularly persistent here. A severance payment is not deducted from unemployment benefit. It does not reduce the amount by a cent.
What it can trigger is something else: suspension of the entitlement under section 158 SGB III. The trigger is not the payment itself but the shortened notice period. If the employment relationship ends earlier than it would have on ordinary notice, and you receive a severance payment for that, the entitlement is suspended until the day the period would regularly have expired, for a maximum of one year.
For your study planning that means something very concrete. Anyone who trades a large severance for a quick exit may be buying months without any benefit cover. Anyone who lets the full period run starts studying later but has continuous cover behind them.
The education voucher, and the honest answer
The question comes up in almost every one of these conversations: will the agency pay for the degree.
For a university degree, generally not. Funding for vocational further training under section 81 SGB III requires a programme accredited under AZAV and targets reintegration into the labour market. A bachelor's or master's degree at a university does not normally fall within that. For distance learning courses and certified further training it looks different, and there an education voucher is a realistic route. Even then there is no legal right to it, the decision lies within the agency's discretion.
The question of whether you may study while receiving benefits at all, and what happens to availability and basic income support, is a separate one and has nothing to do with the deadlines here. It is covered in full under distance learning while unemployed.
The quiet calculation: health insurance and pension
Two items almost always fall off the back of this plan.
During a blocking period you generally remain covered by health insurance through the agency in the first weeks, provided you have registered as unemployed. Where the entitlement is suspended because of a severance payment, that does not apply in the same way, and a gap arises that you have to close yourself. Clarify that with your health insurer before signing, not after.
With the pension the effect is smaller but permanent. Periods without benefits are as a rule also periods without contributions. Over a two-year full-time degree that adds up.
When is the timing genuinely right?
So that this article does not only warn you off: there is a constellation in which the end of a job is the right moment for a degree, and it is not rare. It applies where the separation is coming anyway, the ordinary notice period is observed, and the severance serves as funding rather than as a substitute for benefits.
Then the order works for you: the period runs, you register as a jobseeker in time, the entitlement starts without a blocking period, and the severance covers the tuition. Set up that way, you start in a better financial position than someone paying and working at the same time.
Which funding routes come into question alongside that is covered under financing your studies. And if the move is a substantive change and not only a change of timing, career change through a degree is worth a look.
This article describes the legal position in Germany and does not replace legal advice. With an actual termination agreement, an employment law review before signing is not a luxury but the cheapest item in the whole process.
Conclusion: the order in which to check
- Before you sign, not after. Each of the three provisions applies to the contract now in front of you.
- Work out the blocking period and suspension separately and add them up. That is the period you have to finance.
- Check whether the ordinary notice period is observed. That is the one point that makes the severance harmless.
- Register as a jobseeker as soon as you know about the end. Within three days if it is happening quickly.
- Only then decide on your study start. A semester earlier is little use if three months of benefit are missing.
If you have a termination agreement in front of you and are wondering whether a degree is the right next step, book a free initial consultation. The employment law side belongs with a lawyer, the question of which programme actually moves you forward is where I come in. Before that, the credit transfer check is worth doing: people coming out of a career usually bring more with them than they think.
Frequently asked questions
Do I get a blocking period if I resign in order to study?
As a rule, yes. Under section 159 SGB III a twelve-week blocking period applies if you ended the employment relationship yourself without good cause. Wanting to take up a degree is not in itself good cause within the meaning of that provision. It may be different if continuing the employment relationship was objectively unreasonable for you.
Is my severance payment deducted from unemployment benefit?
It is not deducted in the sense of reducing the amount. It can, however, mean the entitlement is suspended under section 158 SGB III, namely where the employment ended without the ordinary notice period being observed. The entitlement is then suspended until the day the period would have ended, for a maximum of one year. If the period was observed, the severance has no effect on unemployment benefit.
Can a blocking period and suspension apply at the same time?
Yes, and that is exactly what is usually overlooked in planning. They are two independent provisions. A termination agreement with severance and a shortened notice period can trigger both a twelve-week blocking period under section 159 SGB III and suspension under section 158 SGB III. Work out both periods separately before you sign.
By when do I have to register as a jobseeker?
Under section 38 SGB III, at the latest three months before the employment relationship ends. If fewer than three months lie between learning of the end and the end itself, you must register within three days of learning of it. Missing this risks an additional one-week blocking period. It is the most avoidable of all the reductions.
Will the employment agency pay for my degree?
A regular university degree is generally not funded through an education voucher under section 81 SGB III, because the funding targets vocational further training with a labour market link and usually requires the programme to be AZAV-accredited. For distance learning courses and certified further training it is possible, for a bachelor's or master's degree at a university normally not. There is also no legal right to it, the decision is discretionary.
The information on this page is general in nature and based on my advisory practice (last updated 01.09.2026). It does not replace an official credit transfer or recognition decision by the respective university and is not legal advice. Specific decisions are made by universities, the ZAB (Germany), the BMBWF (Austria), or the SBFI (Switzerland). I clarify binding next steps with you in the initial consultation.