Entrepreneur/director/major shareholder and divorce

In the case of the divorce of an entrepreneur/director and major shareholder, specific subjects can arise which require the correct type of support.

GMW lawyers have a great deal of expertise in making sure that this kind of separation happens correctly.

What happens to the company?

Does the company have to be divided or deducted in the settlement, and if so at what value? In the case of a marriage, the question is whether the value of the company should be included in the settlement and when. This depends on conditions and specifically on the arrangement of the settlement of income. How is the value of the company or the shares determined and what happens to the goodwill? What happens when it is not possible to take any money out of the company? After all, the continuity of the company should not be jeopardised by the separation.

GMW lawyers has the experience and know-how to help you in these cases and support you through the process.

Should pensions be paid?

In the past many directors/major shareholders built up a pension (on paper) through their own management. Half of the pension built up during the marriage should, in principle, be paid to the other partner. However, exceptions are possible, depending on the financial health of the company. The payment must not jeopardise the continuity of your company. In practice, this gives rise to a great deal of discussion. GMW lawyer will find the best possibilities for our clients.

Calculating alimony for entrepreneurs

Is it only the salary of the director/major shareholder that is decisive, or also money which is taken from the current account and/or dividend payments? How much liquidity can be released from the company for alimony? Are the figures in the year of the divorce different from other years? Should money be reserved for investments? Calculating the alimony for entrepreneurs requires understanding and specific expertise. We have this expertise in-house.

More information

GMW lawyers will be happy to help you with your divorce. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our divorce lawyers will be happy to support and advise you.

Lawyers

Antoine de Werd

Dylan Bertsch

Lise-Milou Lagerwerf

Marcella Verwoerd

Marieke Morshuis

Sophie Vermeule

Stephanie Hasselaar-Veltkamp

Susan Meijler

Thijs Sarneel

All lawyers

Are you looking for an (international) divorce lawyer in The Hague?

GMW lawyers will be happy to help you with all your legal divorce issues. Feel free to contact us if you have any legal questions.

"*" indicates required fields

11 October 2023

Parenting together again through mediation

Parents often approach me when they are at a complete loss as to how to work things out together. They have already talked and argued a lot.

18 September 2023

Substitute consent in order to relocate with your children to your country of origin (as an expat)

As a divorce lawyer, I regularly receive questions from expats during or after their divorce about their desire to move back to their country of origin together with their children.

12 June 2023

Child and spousal maintenance indexation 2023

Every year, child and spousal maintenance is increased by the annual indexation. Today, I will explain more about the indexation of child and spousal maintenance in 2023.

17 May 2023

Joint custody on the basis of acknowledgement from 2023

In practice, a frequent question is whether the other parent also has custody. The answer to this question depends in part on when the acknowledgement took place.

19 April 2023

May you waive spousal support?

Can you agree to waive spousal maintenance before marriage?

27 February 2023

What are the benefits of mediation?

Some of our family lawyers also work as mediators. I am one of them. Mediation in family law cases is on the rise. Nevertheless, some ambiguities about mediation still exist.

8 February 2023

The main rule is the ‘first shot rule’

If you and/ or your partner want a divorce, and your circumstances are international, you should ensure that you are aware of your options.

23 January 2023

Spousal alimony in divorce proceedings in the Netherlands

Are you married and you are heading for divorce (or dissolution of registered partnership)?

4 January 2023

Deferring a claim for division of the home

Upon divorce or separation, the home may be allocated to either party. This happens particularly when there is joint ownership of a home and the home is not sold.