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For business owners · shareholders · executives

Divorce when a great deal is at stake

A company, real estate, shareholdings, a high and variable income – once wealth is involved, the question is no longer whether you divorce, but how. That is where our work begins. As a firm focusing on family law in Frankfurt, we protect your assets, your control over the business and your discretion – with a clear strategy, in person or online throughout Germany.

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What it really comes down to

The procedure is the same – the stakes are not

Legally, your divorce also runs through the family court – petition, year of separation, decree. So far the familiar part. The difference lies not in the process but in what is on the table: the value of a company in the equalisation of accrued gains (Zugewinnausgleich), the valuation of shares and real estate, variable pay in maintenance, occupational pensions in the pension rights adjustment.

As assets grow, so does the value of the proceedings (Verfahrenswert) – and with it the risk of giving away value through inexperience or time pressure, or straining the liquidity of the business. That is where the leverage lies. What is needed is a strategy that orders wealth rather than merely dividing it – and discretion that safeguards your reputation and business relationships.

The central money question

How much is really at stake

Under the statutory matrimonial regime, your wealth is not divided – only the growth accrued during the marriage is, and even then only half the difference between the two spouses. Nothing more. What sounds like a lot at first often shrinks considerably once initial assets, latent tax and valuation margins are correctly applied.

A company is usually valued using the capitalised-earnings method (Ertragswertverfahren), typically by an expert appraiser. Our task: keep inflated figures out of the settlement and keep the business liquid when a payment is due – through deferral or instalments.

How we support you

The issues everything turns on when there are assets

From the business to occupational pensions – we represent you in every question that tips the balance when income and assets are high.

Typical constellations

Four situations that keep recurring

Every case carries its own figures – the patterns behind them are alike. Four of them shape the mandates of business owners and executives.

GmbH shareholder

A GmbH shareholder fears one thing above all: that the divorce reaches into the business. What is settled is the value of the share, not the share itself — voting rights and management stay with you. Valuation and liquidity are the sensitive points; deferral, instalments and a soundly determined earnings value are the answer.

Professional practice

For a doctor, tax adviser or architect, both the asset value and the goodwill count, adjusted for a notional owner’s salary and latent tax. Much hinges on the cut-off date. A year earlier or later shifts the final assets noticeably — so the timing of the petition is part of the strategy.

Executive with bonuses & options

A salaried executive brings no company, but pay made of many parts: base salary, bonus, share options, occupational pension. Each part is treated on its own. Bonuses feed into maintenance via a multi-year average, occupational pension entitlements into the pension rights adjustment.

Real estate portfolio

Anyone holding several properties — family home, let flat, investment object — must keep use, value and financing apart. Rental value, income and outstanding loans act in different places: in the equalisation of gains, in maintenance, in the allocation of the marital home. Kept apart cleanly, no value is given away in the wrong place.

Your situation isn’t listed? A case rarely fits a pattern exactly – tell us about it, confidentially and without obligation.

Describe your case

Discretion

Discretion is part of the strategy

For business owners and executives, a separation is not only a private matter but a commercial one. What reaches the courtroom can touch business partners, co-shareholders and your own reputation.

Every piece of information stays strictly confidential, protected by attorney-client privilege. Where it serves your interests, the path leads to an amicable settlement – outside the court, outside the public eye.

  • Attorney-client privilege

    Everything you entrust to us stays confidential – protected by law.

  • Non-public proceedings

    Family matters are not heard in public; details stay under wraps.

  • Agreement over escalation

    A divorce settlement agreement keeps sensitive figures out of the courtroom.

Attorney Mieke Karcher

Your contact

Mieke Karcher – your first point of contact

Attorney · Focus on family law · admitted since 2010

New enquiries come together with Mieke Karcher. Behind her stands the firm’s experience from over 30 years of civil law with a distinct eye for real estate and assets – the depth that high-asset matters call for.

Confidential consultation More about the firm

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How we work

From a confidential conversation to the decree

Strategy first: the full picture before any move – and always the path that best preserves your assets.

  1. 1

    Confidential stocktaking

    In the first conversation we map your situation: company, real estate, capital, income and any prenuptial agreement. All under attorney-client privilege.

  2. 2

    Order assets & income

    Initial and final assets are prepared, expert appraisers value the company where needed, and every income component is examined.

  3. 3

    Strategy: agreement or proceedings

    Where a discreet settlement agreement serves your interests better, we pursue it — where enforcement is needed, we represent you resolutely.

  4. 4

    Representation to the decree

    The petition is filed with the family court, and our support continues to final effect — in German, English or Spanish, in person or online.

Costs & value of the proceedings

Transparent, statutory, predictable

The costs depend on the value of the proceedings (Verfahrenswert), which the court sets by the income and assets of both spouses (§ 43 FamGKG). Court and lawyer fees follow the statutory rules (FamGKG, RVG) – traceable, not freely negotiated.

With higher assets, the value of the proceedings is correspondingly higher. Measured against what it protects, careful representation is rarely the expensive choice, but usually the economical one.

Calculate divorce costs →

Good to know

Value beats dispute

For the fees, the value of the proceedings counts – not how hard the fight is. An amicable, discreet solution is therefore often not only the calmer route but also the more economical one.

Frequently asked questions

Company, assets, income – frequently asked

Will my spouse receive shares in my company?
No — not the shares themselves. Under the statutory regime of the community of accrued gains (Zugewinngemeinschaft), no assets are transferred; only the accrued gain is settled, and in money. The value of the company flows into your final assets and can thus increase a payment claim; the shares and control over the business stay with you. It is different only where the company belongs to both of you, or a prenuptial agreement provides otherwise.
How is my company valued for the equalisation of gains?
What matters is the value on the cut-off date when the divorce petition is served (§ 1384 BGB). Businesses and practices are usually valued using the modified capitalised-earnings method (Ertragswertverfahren) — mostly by an expert appraiser. A latent income-tax burden is deducted from that value, i.e. the notional tax on a hypothetical sale. Our task is to prepare the valuation transparently and keep inflated figures out of the settlement.
Do I have to sell the company to pay out?
As a rule, no. The equalisation of gains is a monetary claim, not a claim on the substance of the business. If liquidity is not immediately sufficient, instalments or a deferral of the equalisation claim (§ 1382 BGB) can be arranged so the business is not endangered. This is exactly where an early, considered strategy pays off.
Do bonuses, profit-shares and share options count towards maintenance?
Variable pay such as bonuses and profit-shares generally belongs to maintenance-relevant income; a multi-year average is customary to reflect fluctuations. Share options and deferred compensation are more difficult and are assessed case by case. Which components are to be included, and which not, we examine in detail for your case.
We have no prenuptial agreement — is it too late now?
No. A marital agreement can still be concluded during the marriage or in the separation phase. In addition, a divorce settlement agreement is possible, in which you arrange equalisation, maintenance and pension rights adjustment amicably and discreetly — often the calmer and, for both sides, more predictable alternative to a court dispute.
Will the divorce stay discreet?
Yes. Everything you entrust to us is covered by attorney-client privilege; family proceedings are also not held in public. Where it serves your interests, we aim for an out-of-court settlement — keeping sensitive details out of the courtroom and protecting your business relationships and reputation.
I am a salaried executive, not a business owner — does this still fit?
Yes. Even with a high salaried income, the same questions arise: variable pay in maintenance, occupational pensions in the pension rights adjustment, real estate and capital in the equalisation of gains. We support executives just as we do self-employed owners and shareholders.

Responsible for this page: Rechtsanwältin Mieke Karcher, Karcher Rechtsanwälte, Frankfurt-Gallus – admitted since 2010. As of 2026.

Contact

Let’s talk about your situation, in confidence

Tell us about your case – we order assets, income and options and show you the next step. In German, English or Spanish if you wish.