Assets & discretion
High-Net-Worth Divorce – What Really Counts
The more that is at stake, the greater the room for error. High-net-worth divorces are rarely about the joint account; they involve companies, shareholdings, real estate, securities, crypto assets and often several countries. Small decisions – the right valuation date, clean proof, the question of liquidity – decide substantial sums here. From over 300 proceedings handled, we structure your asset settlement so that you keep the overview and give nothing away.
Quick answer
A divorce does not split your assets; it equalises the gain: the increase in value each spouse achieved during the marriage. The difference is equalised – usually as a cash payment (Section 1378 German Civil Code, BGB). Decisive factors are the correct valuation date, a complete overview of assets and sufficient liquidity for the settlement.
In brief
- It is not the assets that are split but the gain – as a cash settlement.
- The valuation date determines the amount – often the biggest lever with volatile assets.
- Liquidity for the payment must be planned so no assets are sold under pressure.
- A complete overview of assets and the right to disclosure are central.
- Discretion and the treatment of foreign assets belong in the strategy from day one.
What is different in high-asset divorces
Where circumstances are modest, the calculation is quickly made. With high assets, the real work lies in valuation and proof: what is a company worth? Which date applies to a fluctuating portfolio? How are shareholdings, options or crypto holdings captured? Mistakes on these questions often cost more than the entire rest of the proceedings. That is why a clean inventory comes first – not the dispute.
Equalisation of gains at the core
In the statutory community of accrued gains (the matrimonial property regime without a marital agreement), each spouse's assets remain separate. On divorce, only the gain is equalised – the difference between each spouse's initial and final assets. Whoever achieved the higher increase pays the other half of the difference as an equalisation claim (Section 1378 BGB). Importantly, the settlement is in money; no one is forced to transfer specific assets.
Valuation date and liquidity
Two points decide a great deal of money in high-asset cases:
- Valuation date: for final assets, what matters is the day the divorce petition is served (Section 1384 BGB). With shares, crypto or companies, the value can shift sharply just before or after – so the timing of filing is a strategic lever.
- Liquidity: a high equalisation claim has to be paid. Anyone whose wealth is largely tied up in companies or real estate needs a plan to avoid selling under time pressure. Instalments or deferral are possible within limits.
The valuation date is strategy, not chance
Whether the petition is served earlier or later can mean considerable differences with volatile assets. This decision should never be made casually.
The typical asset classes
High-net-worth divorces almost always combine several building blocks, each with its own rules:
- Companies and shareholdings – valuation is the central point of dispute here. → Business-owner divorce · Business valuation
- Real estate – buy-out, sale or takeover. → Property and divorce · Who gets the house?
- Shares, portfolios and securities – valuation date and volatility. → Shares and investments
- Cryptocurrencies – valuation, proof and tracing. → Crypto in divorce
- Inherited and gifted assets – often privileged. → Inheritance and gifts
Disclosure and hidden assets
A fair settlement presupposes that both sides disclose their assets. There is a statutory right to disclosure of initial and final assets, on request supported by documents (Section 1379 BGB). Where there is suspicion that assets are being moved or concealed, there are ways to pursue it – from detailed disclosure to a sworn statement. With high assets in particular, precision pays off.
Structure the asset settlement
Describe roughly what is involved – companies, real estate, portfolios, an international element. You will receive an initial, confidential assessment of where the levers are.
Discretion and international assets
For prominent or economically exposed clients, discretion is not an extra but a prerequisite. We work accordingly and protect sensitive information.
Where assets abroad are involved – accounts, real estate, shareholdings – questions of applicable law and cross-border valuation arise. This too belongs in the strategy from the outset.
Prevention: marital agreement and settlement
Much can be arranged in advance or out of court – through a marital agreement (for instance a modified community of gains or separation of property) or, during the separation, through a divorce settlement agreement. For high-net-worth individuals this is often the fastest and most discreet route to a predictable solution.
Frequently asked questions
Will my assets be halved in the divorce?
No. Only the gain is equalised – the increase in value during the marriage. Whoever had the higher increase pays half the difference, usually as a cash amount.
Why is the valuation date so important?
Because companies, shares and crypto can fluctuate sharply. The relevant date (for final assets, service of the petition) can significantly affect the amount of the settlement.
What if I can't pay the equalisation claim immediately?
Then it is about liquidity planning – such as deferral or instalments – so you don't have to sell assets under pressure. We plan for this early.
What can I do if my spouse conceals assets?
There is a right to disclosure with documents (Section 1379 BGB), if necessary up to a sworn statement. We pursue any suspicion consistently.
Does my company count towards the gain?
The increase in the company's value during the marriage generally counts. Valuation is central – this is where the biggest differences arise.
Will all of this stay confidential?
Yes. Discretion is part of how we work in high-asset proceedings – particularly discreet on request.