„Zugewinn“ is a German legal term that roughly translates to „accrual“ or „accumulation of assets“ in English. In the context of divorce proceedings in Germany, „Zugewinn“ refers to the increase in net worth of each spouse that occurred during the marriage.
Under German law, each spouse is entitled to half of the accumulated net worth during the marriage, unless they have agreed to a different distribution in a prenuptial agreement or a postnuptial agreement. The calculation of Zugewinn involves subtracting the starting net worth of each spouse at the beginning of the marriage from their net worth at the time of divorce, taking into account any liabilities and debts. The spouse with the higher increase in net worth is then required to pay half of the difference to the other spouse as compensation.
The calculation of Zugewinn is based on the principle of economic equalization between spouses. It aims to ensure that each spouse receives an equal share of the wealth that was created during the marriage.
Only assets that were acquired during the marriage are included in the calculation of Zugewinn. Any assets that were owned by one spouse before the marriage or acquired through inheritance or gifts during the marriage are excluded.
Similarly, any debts that were incurred before the marriage or that are unrelated to the marriage (e.g. student loans) are also excluded from the calculation of Zugewinn.
If one spouse has a negative Zugewinn (i.e. their net worth decreased during the marriage), they are not required to make a compensation payment to the other spouse. However, if both spouses have a negative Zugewinn, the calculation is based on the lesser negative amount.
There are some exceptions to the equalization principle, such as in cases of serious misconduct or fault by one spouse, or if the equalization would result in unreasonable hardship for one spouse.
If the spouses cannot agree on the calculation of Zugewinn, a court may be called upon to make a determination. It’s important to note that the calculation can be complex and may require the assistance of a financial expert.