Under the statutory matrimonial regime of the community of accrued gains, each spouse’s assets stay separate during the marriage. Only on divorce is it compared who gained more during the marriage – and that accrued gain is equalised by half.
Basis
How the equalisation claim arises
For each spouse the calculator forms the accrued gain: final assets minus initial assets (§ 1373 BGB). A negative gain counts as zero. Whoever achieved the higher gain owes the other half the difference (§ 1378 Abs. 1 BGB).
Only the increase is equalised, not the assets themselves.
With the marriage and cut-off dates, the calculator adjusts the initial assets upward for purchasing power (§ 1376 BGB) – so inflation is taken out. Inheritances and gifts count towards the privileged initial assets (§ 1374 Abs. 2 BGB) and stay exempt. And the claim is capped: the debtor need not pay more than their available final assets (§ 1378 Abs. 2 BGB).
Context
What the calculator cannot do
The calculator is an illustration. It does not reflect the valuation of real estate, businesses or life insurance, valuation dates, disclosure and document claims or special cases. How to substantiate and enforce your initial and final assets is set out on our page on division of assets.
We calculate your case precisely and enforce disclosure and the claim – get in touch.