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UwagaThe result is an approximation, not legal advice. How the accrued gains are finally split depends on documentation and the family court. To nie jest wiążąca informacja prawna.
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Zugewinnausgleich-Rechner

If you live in the statutory property regime and get divorced, you do not split the assets but the accrued gain - what was added during the marriage. Both partners initial and final estates are contrasted, inheritances and gifts, debts and the cap at the final estate accounted for, and the concrete equalisation claim shown. Sections 1373 to 1390 BGB, calculated plainly. This page is a preview with an example and an explanation; the actual calculation opens after you sign in with Plus.

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In Germany most married couples without a marriage contract automatically live in the statutory regime of the community of accrued gains. That sounds like a shared pot but is the opposite: during the marriage each remains the owner of their assets. Only at divorce is the account settled - and not the entire assets, only the accrued gain, that is the increase in value each achieved during the marriage. Whoever gained more pays the other half the difference. The calculator makes this logic tangible.

The calculation starts with the initial estate: what did you have on the wedding day? Then the final estate: what do you have on the cut-off date, that is when the divorce petition is served? The difference is your accrued gain (Section 1373 BGB). The calculator lets you capture assets cleanly by category - real estate, bank deposits, securities, vehicles, life insurance, business holdings and other - each with an initial and final value, so nothing slips through.

An often-overlooked point is the privileged acquisition under Section 1374 para. 2 BGB: inheritances and gifts you received during the marriage are added to the initial estate and therefore do not count as accrued gain. That is fair, because this increase in value has nothing to do with the marital effort. The calculator has a dedicated field for it, so your inherited family home is not accidentally treated as shared gain.

Debts are handled correctly too. Liabilities at the start and end of the marriage flow into the respective estate, and since the property-law reform even a negative initial estate is possible - whoever entered the marriage with debts and paid them off has a correspondingly higher accrued gain. The calculator accounts for this and flags when a negative initial estate is present.

The cap under Section 1378 para. 2 BGB matters: the equalization claim is limited to the existing net final estate of the party owing equalization. Nobody has to equalize more than actually exists at the end. The calculator checks this automatically and shows whether the claim was capped and what it would originally have been. Optionally you can also run a modified accrued gain with a different quota, if you have such an agreement.

So you even know what the other party has, there is the duty of disclosure under Section 1379 BGB: both partners must disclose their initial and final estate and provide evidence. The calculator explains this duty and warns about disloyal asset dispositions (Section 1375 para. 2 BGB), that is secretly moving assets away before the divorce. You can save the result as a PDF or copy it. As always: this is a solid orientation, but real-estate valuation, business valuation and the precise cut-off date belong in expert hands.

Funkcje

Initial and final estate

Capture both partners' assets on the wedding day and the cut-off date - the calculator derives the accrued gain under Section 1373 BGB.

Assets by category

Real estate, bank deposits, securities, vehicles, life insurance, business holdings and other - cleanly separated.

Inheritances privileged

Inheritances and gifts are added to the initial estate under Section 1374 para. 2 BGB and do not count as accrued gain.

Debts and negative estate

Liabilities at the start and end flow in correctly, and a negative initial estate is taken into account.

Cap under Section 1378

The equalization claim is capped at the payer's net final estate - the calculator checks and shows it.

Equalization claim to the cent

Who pays whom how much - half the difference in accrued gain, clearly shown with intermediate steps.

Disclosure duty and pitfalls

Notes on the disclosure duty (Section 1379 BGB) and a warning about disloyal asset dispositions (Section 1375 para. 2 BGB).

Eksport do PDF

Download the full calculation as a PDF or copy it, ready for a notary or lawyer.

Jak to działa

  1. 1

    Capture the initial estate

    Enter for both partners what existed on the wedding day - assets and debts.

  2. 2

    Capture the final estate

    Capture the position on the cut-off date, that is when the divorce petition is served, for both.

  3. 3

    Enter inheritances

    Enter inheritances and gifts in the dedicated field - they are privileged and added to the initial estate.

  4. 4

    Oblicz

    The calculator determines both accrued gains, the difference, the equalization claim and checks the cap.

  5. 5

    Zabezpiecz wynik

    Review the breakdown and download it as a PDF or copy it for the further proceedings.

Dla kogo

→Divorcing couples without a marriage contract living in the statutory regime.
→Partners who want to keep an inheritance or property properly out of the accrued gain.
→Anyone who wants to know the approximate equalization claim before a notary appointment.
→People with debts at marriage who want to understand the effect on their accrued gain.
→People who want to gauge the disclosure duty and possible pitfalls.

Częste pytania

What is the difference between assets and accrued gain?

In the equalization of gains, not the entire assets are split but only the accrued gain - the increase in value during the marriage. Your gain is the final estate minus the initial estate (Section 1373 BGB). Whoever achieved more gain pays the other half the difference.

Do inheritances count as accrued gain?

No. Inheritances and gifts you receive during the marriage are added to the initial estate under Section 1374 para. 2 BGB (privileged acquisition) and therefore do not count as accrued gain. However, the increase in value of an inherited property can be subject to equalization.

What is the cut-off date for the final estate?

For the final estate the relevant day is when the divorce petition is served on the other spouse. From that point on your assets no longer grow into the equalization. The exact cut-off date is decisive and should be clarified with a lawyer if in doubt.

Can the equalization claim exceed my assets?

No. Under Section 1378 para. 2 BGB the equalization claim is capped at the party's existing net final estate. The calculator checks this automatically and shows when the claim was reduced for that reason.

What happens with a negative initial estate?

Since the property-law reform a negative initial estate is possible. Whoever enters the marriage with debts and pays them off achieves a higher accrued gain. The calculator accounts for debts at the start and end correctly and flags a negative initial estate.

How do I know what my partner owns?

Under Section 1379 BGB there is a duty of disclosure: both partners must disclose their initial and final estate and provide evidence. Anyone who secretly moves assets away risks having them attributed back as a disloyal asset disposition (Section 1375 para. 2 BGB).

Does the calculator replace a notary or lawyer?

No. The calculator provides a solid orientation, but the valuation of real estate and businesses, the precise cut-off date and special cases belong in expert hands. For a binding equalization you need a lawyer or a notary.

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