Online Calculator for German Family Law


Calculation of accrued gains and the equalisation of accrued gains

This accrued gains calculator may not take into account all cases. For a precise calculation that does take into account your specific individual circumstances, please consult bilingual English-speaking family lawyer Dr. Annegret Wiese in Munich, Germany or search for a family lawyer in another German city.

Calculator accrued gains and equalisation of accrued gains:

The starting and ending year of the community of acquisitions, as well as the separate assets for each spouse during the starting and ending year, must be indicated. Possible supplementary benefits (defined according to § 1374.2 BGB) must also be keyed in, along with their date of reception. Assets at the start and supplementary benefits can be indicated in Euros (€) or Deutsche mark (DM). The result is always shown in Euros (€).

Enter values and click on the button [Calculate]:

Timeframe:
First year of community of acquisitions: Consumer price index at start:
Last year of community of acquisitions: Consumer price index at end:
1. spouse (husband): 2. spouse (wife):
Assets at start:
Assets at end:
Supplementary benefits according to §1374.2 BGB:
Amount:
Year:
Consumer price index:
Results:
Indexed assets at start:
Indexed supplementary benefits:
Accrued gain:
Equalisation of accrued gain:

The amount for the spouse that has the right to claim an equalisation is marked positive. The same amount is marked negative (in brackets) for the spouse that has to pay.

Nodes on calculation of accrued gains and the equalisation of accrued gains

Calculation of accrued gains:

Unless they have suspended this regulation in a marriage contract, most married couples in Germany live under the statutory matrimonial property regime. The default statutory matrimonial property regime in Germany is the so-called community of accrued gains. This basically means a separation of assets during marriage. That is, each spouse keeps the assets brought into the marriage on the wedding day for herself/himself. With this system, the accrued gains of the spouses are equalized upon divorce. The value increase of these assets is taken into account by using the consumer price index (cpi) of the Federal Statistical Office of Germany (by indexing). If the accrued gains of one spouse is negative, it is marked as zero. This may be possible since under the community of accrued gains, debts also remain separate. The delivery of the divorce petition terminates the community of accrued gains. A divorce contract provides the possibility to fix this ending date differently.

Calculating the equalisation of accrued gains:

When a marriage and thus the matrimonial property regime is terminated, a payment to balance out accrued gains (also known as equalization of surplus) can be claimed. First, the accrued gains for each spouse are calculated individually. Accrued gains are the difference between the final assets on the date of delivery of the divorce petition and the initial assets on the wedding day. Initial assets are separate assets brought by each spouse into the marriage on the wedding day. Final assets are the property owned by a spouse after having deducted all payables.

Reception of supplementary benefits during the marriage according to § 1374.2 BGB (German civil code):

Assets received by a spouse (such as inheritance, donations, or endowments) after the start of the matrimonial property regime are added to initial assets after deduction of payables. The increase in assets is called a privileged acquisition. These supplementary benefits are not added to the accrued gains and are thus not taken into account when calculating the accrued gains.