A former spouse may claim not half of the contribution to the authorized capital, but the value of the share corresponding to the real market value of the company’s net assets.
We divide not half, but value: how to divide the authorized capital during a divorce?
In the world of marriage and divorce, the division of property is always both Distribution of authorized logic and emotion. But when a share in the authorized capital of a company appears in this equation , the situation becomes more complicated than just dividing an apartment or a car. So, the Grand Chamber of the Supreme Court, by its Resolution buy telemarketing data of April 10, 2024 in case No. 760/20948/16-ц (proceedings No. 14-70цс22), changed the approach to this issue, and I, as a family lawyer, feel that it is time to talk about new horizons of justice in the issue of the division of authorized capital in divorce.
The key point of the Grand Chamber’s Decision of April 10, 2024: a former spouse may claim not half Distribution of authorized of the contribution to the authorized capital, but the value of the share corresponding to the real market value of the company’s net assets . It sounds complicated, but here is an example:
The couple owned a business. One of them contributed clear criteria for verifying such 100 thousand hryvnias to the authorized capital at the time of the company’s establishment. After 10 years, the company had grown, its net assets were now worth 10 million hryvnias. Previously, in the event of a divorce, the other party could claim only 50 thousand hryvnias (half of the contribution). Now, however, it is 5 million (half of the value of the net assets).
This is not just a nuance. It is about fairness that takes into account the time, risks, and effort invested in developing a business.
Why is this important?
Many entrepreneurs were afraid to start a business while married, aqb directory knowing that after a divorce, the partner could take half the share, regardless of the real value of the business. This approach often led to conflicts, where the true value of the company remained “behind the scenes”. The new approach relieves this tension, because it takes into account the real state of affairs.