Zugewinnausgleich

Zugewinnausgleich is the equalization of gains that applies when a marriage is dissolved by divorce. It seeks to compensate differences in wealth accumulation during the marriage, rather than simply dividing property at the end. The concept rests on the idea that both spouses should share fairly in a wealth increase realized during the time they were married.

The rule governing this is the default marital property regime in Germany, the Zugewinngemeinschaft. At divorce, the court determines each spouse’s Anfangsvermögen (wealth at the start of the marriage) and Schlussvermögen (wealth at the time of divorce). The Zugewinn for each spouse is the difference between Schlussvermögen and Anfangsvermögen. If one spouse’s Zugewinn is greater, the other spouse receives half of the difference from the one with the higher Zugewinn. If the two Zugewinns are equal, no payment is due. The transfer is intended to be a monetary settlement, but can be settled by agreement, notarial deed, or court order.

Calculation considers net assets, i.e., assets minus debts. Assets such as real estate, savings, investments, and business interests are included, while gifts or inheritances received during the marriage are generally treated as separate property and affect the Anfangs- or Schlussvermögen accordingly. The exact calculation can be modified by a prenuptial or postnuptial agreement.

Zugewinnausgleich is distinct from the Versorgungsausgleich, which deals with retirement and pension rights. Both regimes are typically addressed in divorce proceedings, but they cover different aspects of a spouse’s financial situation. See also German Civil Code provisions on marital property and divorce.