Can I Claim Rights in My Spouse's Company Shares upon Divorce?

Matrimonial Property Regimes and Division of Property

Prepared by: Constantinople

Company shares are among the assets that may be examined on liquidation of a matrimonial property regime, but marriage or divorce alone does not make the other spouse a shareholder. The applicable regime and when and with which resources the shares were acquired must be identified. The company's own assets are distinguished from the shareholder's personal assets. All of a property owned by the company cannot be included as though it belonged personally to the spouse.

Premarital share value, capital increases during marriage, payments for shares and distributed profits are different areas of review. Not every profit retained in the company can automatically be called the spouse's acquired property. Accounting records, general meeting resolutions, balance sheets, related-party transactions and actual cash flows are assessed together. The valuation method and relevant dates depend on the claim type and specific company structure.

Initially list the trading name, shareholding ratio, acquisition dates, known capital transactions and records in your possession. A paid written review identifies necessary company documents, missing records and whether the claim concerns a matrimonial property entitlement or a separate company dispute. Lawful documentation routes should be used instead of unauthorised access to confidential accounts or company data. Where there is an asset-transfer risk, interim protection is considered separately. The company's size or the spouse's managerial position alone does not guarantee a particular claim amount.