The marital property and the marital savings are to be divided. Marital property is physical property that was used by both spouses during the marriage (e.g., the marital home). Marital savings are valuable assets accumulated during the marriage (e.g., cash, securities, works of art).
Since, as a matter of principle, only assets contributed during the marriage shall be subject to division, assets acquired before or after the dissolution of the marital union shall not be subject to division. Therefore, those items that were brought into the marriage, that were acquired upon death or that were gifted by a third party are not to be divided.
Also expressly excluded from apportionment are items belonging to a business and shares in a business – this includes the business itself.
There is an important exception with regard to the marital home. Thus, the apartment brought into the marriage by one spouse is also to be included in the division if the other spouse is dependent on its continued use to secure his or her living needs. However, this is to be judged strictly and is only the case if, for example, long-term homelessness is imminent. Even if the joint child has a need for the continued use of the marital home that is worthy of consideration, the marital home will be divided.
