Entrepreneur/director and major shareholder separation
In the case of the separation of an entrepreneur/director and major shareholder, specific and often financial 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 jeopardized 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 jeopardize 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.
How is the alimony determined?
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 is a personal matter and requires specific financial expertise and we have this expertise in-house.
If you would like to know more or need a lawyer, we invite you to contact Antoine de Werd, Marjet Groenleer, Marieke Morhuis or Susan Meijler who are lawyers in our Family & Inheritance department.