Professional Assets Purchased During Marriage: Who Gets What in a Divorce?

The Legal Framework: The status of professional assets (not owned by a company) has undergone several evolutions. Previously, the law only referred to tools and equipment, i.e., movable goods.

This meant that intangible movable goods and also real estate were completely left out.

The old system

Previously, the person who had the right to a professional asset in a divorce had to pay compensation to the common property for the purchase of that asset if it was bought with common money. Even if these goods had significantly depreciated by the dissolution of the marriage. For example, consider the purchase of a van. The new price might be €50,000.00. After 20 years, the vehicle might only be worth €2,500.00.

In the old system, a compensation of €50,000.00 was owed, even if the vehicle was already 20 years old.

Reform of matrimonial property law

With the reform of matrimonial property law in 2018, several changes were made.

An extensive application of the “titre et finance” doctrine was made, resulting in the new status of professional assets. The term “tools and equipment” is no longer used; instead, we refer to professional assets.

This includes both tangible and intangible, movable or immovable goods, as long as these goods are used exclusively for the exercise of the profession or the operation of a business.

A business is defined as any self-employed enterprise where a spouse pursues an economic goal in a sustainable manner. This can be through providing services (e.g., an accountant or a landscaper) or producing or supplying goods (e.g., a florist or a nursery).

Article 2.3.19 B.W.

Article 2.3.19 B.W. states that it is the right of a spouse to goods that are used exclusively for the exercise of their profession or the operation of their business, including the right to act as the owner of these professional assets, unless the spouses jointly practice that profession or run that business.

The updated law in clear terms

The professional assets that are used exclusively for the business of the self-employed spouse (whether full-time or part-time) are thus awarded to the person who practices the profession in the event of a divorce, as long as there is no mixed use.

Unless the couple runs the business together, the professional assets are common.

Mixed use is, for example: you bought a car to drive to clients, but this vehicle is also used privately to take the children to their hobbies.

Note: The asset value of professional assets acquired by one of the spouses with common funds, if the right to those professional assets is personal according to Article 2.3.19 B.W., is still common.

A concrete example: as a dentist, in the event of a divorce, you will get the dentist chair that was purchased with common funds, but you will have to pay the community a compensation for the (current) value of this chair at the dissolution of the marriage.

Whether this applies to you can be consulted with our Family Law & Family Property Law experts.