The Essentials at a Glance
- Under the statutory regime, the increase in assets during the marriage is equalised – usually as a cash payment, not a stake in the business.
- The biggest point of dispute is often the business valuation.
- A high payment must not endanger the company – liquidity can be protected.
- A marital agreement can settle much in advance.
- Personal support, absolute discretion, in English and German.
Your Biggest Worries
- Losing control of the company. As a rule, your spouse does not become a co-shareholder – equalisation is in cash.
- An inflated valuation. The claim hinges on it – so we examine it carefully.
- Liquidity drain up to a forced sale. We look for ways to avoid a break-up of the company.
- Publicity. Even the impression of instability can harm you – confidentiality is a genuine protective interest.
- Private and business affairs getting mixed up. We keep cleanly separate what should be separate.
What Happens to the Business?
Under the statutory regime of the community of accrued gains, the law compares how much your assets grew during the marriage: initial assets (at marriage) against final assets (when the petition is served). Only the gain is equalised – and as a rule as a cash claim, not through a share in the company. The payment can, however, be significant. Our aim is to keep your business operational while finding a fair solution. The same applies to self-employed professionals: the value of a practice can fall into the equalisation too.
A whole self
True strength means parting with respect — without losing yourself.
Valuation Is Decisive
How high the claim turns out depends largely on the assessed value of the business – and this is often where the dispute lies. What matters is a recognised valuation method (frequently the capitalised-earnings method), the right valuation date, and factors such as a notional owner's salary and latent taxes. We work with experienced appraisers and scrutinise the other side's valuations critically.
Protecting Liquidity & Planning Ahead
A high equalisation payment must not endanger the company. We look at ways to avoid a forced sale – through instalments, deferral or sound structuring. Much can also be settled in advance: a modified community of gains or separation of property in a marital agreement can keep the business out of the equalisation.
Your Next Step
The earlier we look at your situation, the more room remains – for valuation, liquidity and discretion. Talk to us in confidence.
Frequently Asked Questions
Will my spouse get shares in my company?
As a rule, no. The gain is equalised as a cash claim, not through a stake in the company.
How is my business valued?
By a recognised method (often capitalised earnings), as at a valuation date and adjusted for owner's salary and latent taxes. It is regularly the central dispute.
Will I have to sell my business?
Rarely unavoidable. Deferral, instalments or structuring usually avoid a forced sale.
Does a marital agreement protect my business?
Yes – it is one of the most effective tools, ideally early, but still possible later.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.