Divorce asset distribution rules for married couples in Sweden explained.
In Sweden, the division of assets in a divorce, known as bodelning, follows a general principle of equal sharing of marital property, with some exceptions for non-matrimonial assets. Here's a breakdown of how the asset split works in Sweden.
Matrimonial Assets and the Presumption of Equal Division
The starting point for asset division in Sweden is the presumption of an equal split of all matrimonial assets, or giftorättsgods. Matrimonial assets are those acquired during the marriage, such as bank accounts, savings, houses, cars, boats, antiques, and expensive possessions like jewellery and wedding and engagement rings.
Non-Matrimonial Property Exclusions
Not all assets are included in the equal division. Assets classified as enskild egendom (individual property) may be excluded from the asset split for reasons such as a prenuptial agreement, will, or deed of gift. Additionally, pensions are not always included in the asset split. A state pension, or allmänpension, is not included, and occupational pensions, or tjänstepension, are not included if the employer theoretically owns the pension.
Adjustments and Compensation
The law on asset splits in Sweden allows for adjustments, or jämkning, in certain circumstances. Courts consider factors like the duration of the marriage and contributions (financial or domestic) by both spouses, and can adjust the division if there are good reasons, such as one spouse being financially disadvantaged for reasons linked to the marriage (like childcare) or if the marriage was short-lived. Compensation may be awarded to the disadvantaged spouse to ensure a fair outcome.
Flexibility in Settlement Orders
Swedish courts have the flexibility to combine different financial orders, including lump sum payments, transfer or sale of property, pension sharing, and spousal maintenance, to achieve a fair outcome depending on the spouses' specific circumstances.
Independent Legal Advice
If there are areas of potential disagreement, such as jämkning or pensions, it can be advisable to see a lawyer independently to understand your position before the asset split begins.
Conclusion
In Sweden, the general rule for splitting assets in a divorce is the bodelning principle, which involves an equal split of all shared marital property. However, assets classified as non-matrimonial may be excluded from this equal division. It's essential to understand these rules and seek legal advice if needed to ensure a fair and reasonable asset split in a divorce.
[1] "Divorce and separation in Sweden." (2021). Swedish Government. Retrieved from https://www.government.se/information-about-sweden/living-in-sweden/family/divorce-and-separation/
[2] "Divorce and separation in Sweden: A guide for expats." (2020). Expatica. Retrieved from https://www.expatica.com/sweden/living/divorce-and-separation-in-sweden-a-guide-for-expats-158925/
In the context of divorce in Sweden, personal finance and finance are crucial aspects to consider when dividing assets, as the starting point for asset division is the presumption of an equal split of all matrimonial assets. If a prenuptial agreement, will, or deed of gift has been established, some assets might be classified as individual property and excluded from the equal division.
The law on asset splits in Sweden allows for adjustments in certain circumstances, considering factors like domestic contributions by both spouses, and one spouse being financially disadvantaged for reasons linked to the marriage. In such cases, compensation may be awarded to ensure a fair outcome.
