Assets & discretion
Dividing Assets in a German Divorce
If you live under the statutory regime of the community of accrued gains, a divorce equalises the increase in wealth achieved during the marriage. Where finances are modest this is often simple – with larger or complex assets it quickly becomes demanding and prone to conflict. We give you a clear, complete overview early on and represent your interests with the necessary discretion.
The Essentials at a Glance
- Only the increase in wealth during the marriage is equalised, not all your assets.
- Whoever achieved the larger gain pays the other half the difference – as a cash claim.
- The key figures are initial assets (at marriage) and final assets (when the petition is served).
- Inheritances and gifts generally count as initial assets.
- You have a right to information about the other's assets.
- A marital agreement can shape or exclude the equalisation.
How Does Equalisation Work?
In simple terms: for each spouse, the initial assets (at marriage) are compared with the final assets (when the divorce petition is served). The difference is that spouse's "gain." Whoever achieved the larger gain pays the other half the difference – as a rule a cash claim, not a share in individual items. The plus the couple built up over the marriage is thus shared fairly, without anyone having to give up their property.
Initial and Final Assets in Detail
What matters is what belongs to the assets at each date – and a few special features:
- Inheritances and gifts during the marriage generally count as initial assets (privileged initial assets); only their increase in value during the marriage can feed into the gain.
- Debts are taken into account; since the reform, even a negative initial figure is possible.
- Anyone who disposes of or squanders assets shortly before separation (improper reduction) must expect them to be added back.
- The equalisation claim is, in principle, limited to the value of the existing final assets.
These points are often overlooked – yet they can shift the result considerably.
Information, Documents and Valuation Dates
So the calculation can be done correctly, you have a right to information: each spouse must disclose their assets – at the time of separation and on the relevant dates – backed by documents. With larger assets in particular, it pays to be thorough and complete, because what is not recorded is not equalised. Where there are signs of concealment, we pursue them and secure evidence.
Complex with a Business or Property
The hard part is usually valuation: what is the company, the shareholding or the property worth on the relevant date? This is often where the largest part of the equalisation is decided, and where the dispute is fiercest. We work with appraisers and tax advisers where needed.
If German law applies, worldwide assets generally count towards the gain – including values abroad.
Divorce with a business and assets
Business valuation
Property and divorce
Assets abroad
Neue Farben
Agreed early, a marital agreement brings clarity – and protects what matters to you.
Can the Gain Be Shaped?
Yes – for example through a modified community of gains or separation of property in a marital agreement. Agreed early, this creates clarity and protects assets, for example a business that can be deliberately kept out of the equalisation. Such an agreement is still possible during the marriage.
An Example
At marriage, one spouse had €50,000 in assets, the other nothing. On the relevant date the first has €250,000, the second €100,000. The gain is therefore €200,000 for the first and €100,000 for the second. The difference of €100,000 is shared – the first pays the second €50,000 as equalisation.
Simplified example; in practice further factors apply.
What to Watch For
Three things pay off most with the equalisation of gains: completeness, documents and timing. Anyone who can cleanly document their own initial and final assets – with bank statements, contracts, proof of inheritances and gifts – stands considerably better in the dispute. Anyone who uses the right to information early prevents values from quietly "disappearing." And anyone who knows the relevant dates avoids costly misunderstandings. We help you assemble the right documents from the start and keep an eye on the tax consequences of transferring assets. With larger estates in particular, this care is worthwhile, because a single position can decide significant sums.
How We Support You
We record the entire estate of both sides with you, assign initial and final assets cleanly and use the right to information where needed. We then organise valuations where required, work the equalisation through transparently and negotiate a fair solution – ideally amicably. Where the other side blocks or conceals assets, we pursue your claims firmly.
Frequently Asked Questions
Do I get half of my partner's assets?
No. Half the difference in the gains is equalised – the growth during the marriage, not total assets.
Does my inheritance count?
An inheritance generally counts as initial assets; only its increase in value during the marriage can become relevant.
What if my partner hides assets?
You have a right to information. Assets disposed of in bad faith can be added back.
Are assets divided or is money paid?
The gain is equalised as a cash claim – not by transferring individual items.
Which date applies?
For the final assets, the service of the petition; for the information, additionally the date of separation.
Is there an upper limit?
Yes, the equalisation claim is in principle limited to the value of the existing final assets.
Do assets abroad count?
Under German law, in principle yes – worldwide assets feed into the gain.
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