Assets divided after a divorce include marital property, real estate acquired through joint accounts or the related purchase agreements signed by both parties, pension plans and stock options. Some assets acquired before the marriage may have increased in value during the marriage, and this may be reflected in the subsequent division of the assets, as the increase in value may be divided between the spouses.
However, not all assets are divided between the partners. As a rule, the assets that were accumulated jointly during the marriage and for which both partners signed as owners are divided. If debts were incurred during the marriage, these must also be examined alongside the assets. However, the debts are not simply divided between the spouses in a divorce, but it must first be clarified which of the two spouses is contractually obligated as debtors. If one of the spouses is the sole owner of a property or asset, he or she alone is liable for the debts incurred. If one of the spouses is contractually obliged to finance a deficit, they must usually also repay it. A contract that is not signed by both spouses and does not benefit both spouses is not considered a joint liability.
Certain contractual arrangements may be considered “unfair” depending on their circumstances. This is particularly relevant if the loan (paid by both spouses) benefits only one spouse. Another aspect to be considered in a divorce is the pension equalisation. Beneficiary pension insurance can likewise be determined as assets.