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

8 April 2024

Prenuptial agreements: the regular set-off clause

A common provision in prenuptial agreements is the ‘regular set-off clause’.

1 April 2024

Does loss of income mean higher child maintenance?

A parent may suffer a loss of income due, for instance, to not being able to find a new job. Under the law, child maintenance may be adjusted in such circumstances.

21 March 2024

15 years of parenting plan

This month, the mandatory parenting plan celebrates its 15th anniversary. Following a divorce or dissolution of a registered partnership, you will certainly need a parenting plan if you have minor children together. A parenting plan is also mandatory if you have been in a relationship and have joint parental authority.

12 March 2024

Change in sight for access between grandparents and grandchildren?

The legislative proposal ‘Reducing the Threshold for Access by Grandparents Act’ (Wet drempelverlaging omgang grootouders) is intended to facilitate access between grandparents and their grandchildren.

11 March 2024

Maintenance for a young adult

Do you (still) have to pay child support if your child is a young adult? And if so, what is the amount of the child support? This blog briefly discusses the obligations of parents of young adults.

27 February 2024

Does a donor have a right of access to the child?

It must be stated first and foremost that not only the legal parents of a child have the right of access to the child.

21 February 2024

Change of gender and first name

What are the options for changing your gender and first name, and when do you need to go to court to do so? This blog briefly discusses the options.

12 February 2024

Spousal maintenance and earning capacity

After divorcing, you may have an obligation to pay spousal maintenance to your ex-spouse or you may be entitled to receive a contribution.

3 February 2024

One-off maintenance payment

After divorce, one of the partners may have a maintenance obligation in the form of child maintenance or partner maintenance. Maintenance is often paid by one ex-partner to the other on a monthly basis. It is also possible to pay maintenance to an ex-partner in the form of a one-off payment or lump sum.