In a divorce with a BV or holding company, it must first be established who owns the shares and what claim the other partner has. That is something other than determining who owns the property, the clients or the money in the bank account of the private limited company (bv). Those assets in principle belong to the company. Matrimonial property law may relate to shares or to a settlement claim, while the articles of association, financing and company law determine how an agreement is actually carried out.
Written by Öznur Batur (family law aspects) and Onur Arslan (property law aspects), attorneys at Arslan Advocaten. Legal review: 28 September 2026. General information is not legal advice about your own situation.
This page goes deeper into the general explanation of divorcing with your own business. It deals specifically with the bv, the holding company and the director and major shareholder (dga).
Divorce with a BV: start with the shareholding
Request the shareholders’ register, the deed of incorporation and later deeds of transfer. An extract from the Netherlands Chamber of Commerce (KVK) can provide information, but it is not complete proof of all property rights between the spouses. Examine whether one or both partners are shareholders, whether shares are held through a personal holding company and whether there are depositary receipts or other special rights.
Next comes the matrimonial property regime. Shares may belong to a community of property (gemeenschap van goederen), may have remained separate property or may be included in a settlement arrangement. A business set up before the marriage is not treated in the same way under every regime. An investment from joint assets or a settlement clause (verrekenbeding) that was not carried out can also give rise to a separate claim. So read the whole deed containing the prenuptial agreement and settlement clauses (huwelijkse voorwaarden), not just the passage “each keeps their own assets”.
Distinguish shares from the assets of the bv
Fictitious example. A woman owns all the shares in her holding company. That holding company owns an operating company and a property bv. The operating company has machinery; the property bv a rented-out building. In the divorce, the value of the holding shares or an amount to be settled in respect of them may be relevant. This does not automatically make the ex-partner personally a co-owner of the machinery or the building. Debts and intercompany loans within the group must be taken into account in the share valuation. This example says nothing about the share to which someone is entitled in an actual marriage.
Map out the group structure on one page: who holds which shares, which bv owns which asset, who is a director, which loans run between personal assets and companies, and who has provided security? Without that overview, double counting or an agreement that one party cannot carry out on their own easily arises.
Holding and operating company: follow the rights from top to bottom
A dga may personally hold shares in a holding company, while that holding company owns all the shares in an operating company. The operating company may have staff and contracts; another subsidiary owns a property. In the divorce, in that set-up, the first issue is the person’s shares in the holding company or a claim to their value. The assets of the subsidiaries do not become the property of the ex-partner directly. For a reliable share value, however, the subsidiaries’ activities, intercompany loans, bank financing and any minority interests are relevant.
Also check whether there are depositary receipts for shares or whether another party has economic rights. Voting rights, dividend rights and transferability may differ. A KVK extract is useful for finding companies and directors, but the shareholders’ register, articles of association, notarial documents and agreements with other shareholders are needed for the full picture. If the divorce settlement agreement (convenant) names one bv while the shareholder actually owns a holding company, implementation may stall.
What does a shareholders’ agreement mean?
If there are other shareholders, read the articles of association and the shareholders’ agreement. Provisions on offering shares, approval, valuation, voting rights and financing can affect a proposed transfer. A private divorce settlement agreement cannot simply bind these third parties. If both partners are directors, it must also be arranged who runs the business during the divorce, approves payments and is the point of contact for staff and clients.
Third parties can also be important in a bv that formally has only one shareholder. Think of a bank holding security, a landlord or an important contracting party. Take stock of who must give consent before you agree on a timeline for transfer or buy-out.
With two spouses who are both shareholders, a divorce can also become a real business conflict. Who holds what percentage of the votes, who is a director, which decisions require a qualified majority and what does the deadlock arrangement say? A divorce agreement about the private value can only work well if the corporate follow-up is clear. Record in the meantime which decisions continue in the normal course of business, how both shareholders receive information and how conflicting interests in a transaction are handled.
How do you value the shares?
A property in the bv can be valued by a real estate specialist, but the share value does not automatically follow from that valuation. The bv may have debts, a current account (rekening-courant), tax positions and other activities. The value of shares in a holding company requires insight into subsidiaries and intercompany relationships. Use a targeted valuation brief with a reference date, source documents and scenarios.
Also ask who will hold the shares after the divorce and how any buy-out sum will be paid. An economically valuable bv does not necessarily have enough free cash to make a personal payment possible. A dividend distribution is subject to company law conditions and may have tax and financing consequences. So do not promise a distribution based solely on a valuation.
A valuation is not yet a dividend decision
If the parties intend the buy-out to be financed from the bv, it must first be examined how money can reach the payer lawfully and responsibly. A proposed dividend distribution requires a resolution in accordance with the company rules and an assessment by the board of whether the bv can continue to pay its due debts after the distribution. Bank covenants and tax consequences can also restrict a distribution. An amount in the bv’s bank account is therefore not simply a personal pot for a divorce payment.
If necessary, work out three alternatives: financing in a personal name, a spread payment arrangement with security or a different division of assets so that less cash is needed. State who bears the financing risk and what happens if a dividend or loan turns out not to be possible. Have this assessed before the agreements become unconditional.
Current account, loans and guarantees
A dga may have borrowed money from the bv or, conversely, lent money to the bv. There may be a current account debt that belongs on the personal statement of assets, while the bv has a receivable in its books. Check the balance, agreement, repayments, interest and any adjustments. A list of items with only the words “bv loan” is not enough to determine who has to pay after the divorce.
Pay attention to personal guarantees and security. An agreement between partners that one of them bears all business debts does not by itself release a guarantor or joint debtor towards the bank. If necessary, make the bank’s cooperation part of the conditions for implementation.
Fictitious calculation example. An entrepreneur holds shares in a bv that has lent € 150,000 to him. The bv therefore has a receivable from the entrepreneur, while that entrepreneur has a personal debt. The valuation expert must state how that receivable has been included in the share value. The personal debt must then appear in the right place in the statement of assets. Anyone who records only one amount or the other, or includes the same amount more than once in the settlement, may arrive at the wrong buy-out sum. The legal claim to shares or a settlement amount still follows from the matrimonial regime, not from this calculation example.
Control during and after the divorce
A conflict between partners who are joint shareholders or directors can directly affect the running of the business. Make temporary arrangements about board decisions, access to systems, management of documents and withdrawals. Record clearly what happens to a decision if both must sign and consultation does not take place. An improper change to salary, dividend or transactions with related parties can also cloud the financial settlement.
Several routes are possible for the final solution: one partner keeps the shares and buys out the other, the partners sell together, or they remain involved under clear business arrangements. Which route is appropriate depends on the company documents, financing, trust and tax assessment. A notarial deed is required for the transfer of shares in a Dutch bv. An agreement in a divorce settlement agreement alone therefore does not transfer those shares.
From divorce settlement agreement to share transfer
Work out the order of steps. First it must be established what is being transferred: shares in the holding company, directly held shares in an operating company or only a monetary claim between ex-partners. Then the articles of association, any share offer arrangement, consent of other shareholders and financing conditions are checked. The civil-law notary can then prepare the deed for the actual transfer of shares. A family law agreement must make that next step possible; it does not replace the required deed.
Sometimes the shareholding does not change and the entrepreneur only pays an amount from personal assets to the ex-partner. In that case, a share transfer is not relevant to the divorce agreement, although resolutions within the bv may still be needed for the financing. So do not routinely write “the business will be transferred” if only the value is being settled. State who will be shareholder and director after the settlement and who retains which obligations towards the bank. The records and the shareholders’ register must also be updated in the event of an actual transfer.
Documents that make the difference
- Prenuptial agreement and any amendments.
- Deeds of incorporation, articles of association and shareholders’ registers of all bvs involved.
- Shareholders’ agreement, options, depositary receipts and transfer restrictions.
- Annual accounts, recent figures and relevant forecasts per company.
- Current account, intercompany loans, personal loans and guarantees.
- Resolutions on salary and dividend, plus contracts with related parties.
- Financing conditions, security and any earlier valuations.
If these documents are not available, read which steps you can take when business records are missing. If the bv mainly holds real estate, consult property portfolios in a divorce.
Frequently asked questions
My name is the only one registered with the KVK. Does that mean the bv belongs to me alone? A KVK registration does not fully answer the property law question between spouses. Examine the shareholding, the matrimonial regime and any claims.
Does my ex get a share in the business? Sometimes it concerns ownership of shares; sometimes a monetary settlement. The legal basis must be established first.
May I pay out a dividend during the divorce? That depends on company law conditions, the financial situation and the consequences for the settlement. Have a proposed distribution assessed in advance.
Can my ex-partner run the business? Claims in the divorce do not automatically confer management authority. The articles of association, appointments and any joint shareholding are separate issues.
Is a share valuation equal to the value of all the properties? No. The bv may have loans, costs, risks and other activities that belong in the share valuation.
Can I transfer my shares directly to my ex? First check the matrimonial regime, the articles of association and any agreements with co-shareholders. If the parties actually choose a share transfer, a notarial deed is required. A monetary settlement without a share transfer follows a different route.
At Arslan Advocaten, Öznur Batur and Onur Arslan examine the family law and property law questions together. Appropriate experts are needed for an independent valuation and tax analysis. Also read about our family law and corporate law services. Contact us with the structure of your bv and the relevant deeds.
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Sources consulted: Rechtspraak: checklist for prenuptial agreements (in Dutch), KVK: shareholders’ register and notarial deed (in Dutch), KVK: divorcing when you have your own business (in Dutch).
