Assets & discretion
Shares, Portfolios and Securities in a Divorce
Anyone who has built a portfolio over the years quickly finds that with securities it is not only "how much" but above all "when" that is decisive. Prices fluctuate, options have vesting periods, foreign portfolios are hard to grasp. From over 300 proceedings handled, we make sure your investments are correctly valued, fully captured and fairly equalised.
Quick answer
Shares, funds, ETFs and other securities count as final assets and feed into the settlement via the equalisation of gains. What matters is their value on the relevant date – for final assets, the day the divorce petition is served (Section 1384 German Civil Code, BGB). The settlement is in money; the securities themselves need not be transferred.
In brief
- Securities count as final assets and are equalised via the gain.
- What matters is the value on the relevant date – a significant lever where prices swing.
- Stock options and employee shares require separate treatment.
- There is a right to disclosure with documents for all portfolios (Section 1379 BGB).
- The settlement is in money – the securities stay where they are.
How securities feed into the gain
In the community of accrued gains, each portfolio remains the property of the respective spouse. On divorce, only the gain is equalised: the value of the securities on the relevant date counts towards final assets, their value at marriage towards initial assets. The difference enters the calculation. This applies to individual shares as well as to funds, ETFs, bonds and certificates.
The valuation date is decisive
With securities, the date often makes the biggest difference. For final assets, what counts is the day the divorce petition is served (Section 1384 BGB); for initial assets, the day of marriage. A slump or a rally shortly before or after service can noticeably change the equalisation claim. The timing of filing is therefore not a detail but part of the strategy.
A single day can move a lot
With volatile portfolios, the chosen date can decide considerable sums. Check the optimal timing of filing before you act.
Volatility and price swings
What if the price falls or rises sharply between the relevant date and payment? In principle the value on the date is decisive – later swings no longer change the calculation. This protects against endless renegotiation but makes correct determination of the value on the date all the more important. For strongly fluctuating holdings, we document the prices cleanly to avoid later disputes.
Stock options and employee shares
It becomes more complex with stock options, RSUs or other employee shares. The question is whether they already have a captureable value on the relevant date, whether vesting or holding periods are running, and to what extent they were "earned" during the marriage. Such programmes must be examined individually – blanket answers often mislead here. Especially for executives and start-up holdings, a close look pays off.
Value your portfolio fairly and correctly
Whether individual shares, ETFs or options: we make sure your investments are correctly captured and valued on the right date.
Disclosure and proof
A fair settlement requires transparency. Both spouses must provide disclosure of their initial and final assets, on request with documents (Section 1379 BGB) – that is, portfolio statements as at the relevant date. If there is suspicion that portfolios are being concealed or securities moved shortly before the date, we pursue it. Subsequent dispositions intended to disadvantage the other can also be corrected.
Portfolios abroad
Foreign portfolios belong in the settlement just like domestic ones – they are only harder to grasp. Here it comes down to consistent disclosure and, where needed, cooperation across borders.
Related topics
Division of assets High-net-worth divorce Crypto in divorce Business valuation Inheritance and gifts Assets abroad
Free tools to check first: Equalisation of gains calculator
Frequently asked questions
Are shares split in a divorce?
Not the shares themselves but their value feeds into the equalisation of gains. The settlement is in money; the securities remain with their holder.
Which price counts – purchase, separation or divorce?
For final assets, the price on the day the petition is served; for initial assets, the value at marriage.
What happens if the price falls after the relevant date?
The value on the date remains decisive. Later swings generally no longer change the calculation.
How are stock options and RSUs treated?
It depends on vesting periods and whether they were earned during the marriage. Such programmes are examined individually.
Must my spouse disclose their portfolio?
Yes. There is a right to disclosure of initial and final assets, on request with documents (Section 1379 BGB).
Do foreign portfolios count?
Yes. Securities held abroad also belong in the settlement.