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From Our Practice

What Is Your Business Worth in a Divorce?

Expert opinions in divorce cases – court-proof, neutral, transparent.

Your former partner is claiming half of your shareholding.

Separation is complicated enough. When a shareholding in a GmbH (Austrian limited liability company) or a sole proprietorship is involved, the value of the business quickly becomes a battleground.

The decisive question: What is the shareholding really worth – and what counts as income?

What really counts as income?

The profit shown in the tax return is rarely the whole truth. A maintenance expert opinion determines the actual income derived from the business:

  • Managing director’s remuneration – including benefits in kind and fringe benefits
  • Hidden profit distributions – company resources used for private purposes
  • Retained earnings – what remains in the company but would be available

A valuation the court recognises.

For court proceedings, we value using the capitalised earnings method in accordance with KFS/BW 1 (the Austrian professional standard for business valuation):

  • Recognised by courts and tax authorities – by courts, banks and tax offices
  • Forward-looking – what counts is future earning power, not old balance sheets
  • Clearly reasoned – no jargon, but comprehensible argumentation

Two points that are often overlooked.

Pension entitlements

Entitlements arising from shareholdings – such as pension commitments to shareholder-managing directors – must be valued separately.

Division under §§ 81 et seq. EheG (Austrian Marriage Act)

Marital use assets and marital savings are divided – the business itself, as a rule, is not. Drawing the line is decisive.

Realistic assessments instead of embellished figures – reliable facts for your proceedings.

From our engagements: 50% GmbH shareholding in divorce proceedings

Valuation of a 50% shareholding for the district court. Determination of the basis for assessing maintenance from managing director’s remuneration and hidden profit distributions.

Accepted by the court in full.
Anonymised example – discretion is our highest priority.

Tell us about your situation.

We will tell you honestly whether and how we can help – in a free initial consultation.

Arrange a free initial consultation Slides as PDF (German)

Orth & Rumpl · Mag. René Orth · Dr. Josef Rumpl · Sworn and court-certified expert witnesses
General information – no substitute for individual advice.