Equalization of gains in a divorce: who is entitled to what?
Whoever marries without a prenuptial agreement lives in the statutory matrimonial property regime of the community of accrued gains. In a divorce that means: whoever built up more assets during the marriage must equalize half of the difference. This can be about a lot of money.
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What you should do now
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1. Record the key dates
Decisive are the initial assets (marriage) and the final assets (service of the divorce petition).
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2. Demand information
Demand the asset information of the other spouse as of the key dates.
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3. Calculate the gain
Final assets minus initial assets per person; the difference of the gains is equalized in half.
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4. Legal help
The calculation is complex (debts, inheritances, real estate); get advice (procedural cost aid where applicable).
Frequently asked questions
Is everything halved in a divorce?
No. What is halved is not the assets but the growth (gain) during the marriage: it is compared how much each spouse gained, and the difference of the gains is equalized in half (§§ 1373, 1378 BGB). Assets that someone brought into the marriage or inherited generally count toward the initial assets.
Am I entitled to information about the assets?
Yes. To calculate the equalization of gains, you have a right to information about the initial and final assets of the other spouse as of the relevant key dates. If someone shifts assets shortly before the divorce, that can be taken into account correctively in the final assets.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.