This option allows a spouse to assert the equalization of accrued gains after a three-year separation, without having to wait for the actual divorce.
This shifts the relevant valuation date forward, which can have significant financial consequences for both sides, particularly in the case of strongly fluctuating property values.
Early equalization of accrued gains is primarily considered when one spouse fears that the other is deliberately reducing their assets before the actual divorce.
In addition to the three-year separation, early equalization of accrued gains generally requires further conditions to be met, such as the final implementation of the regular equalization being unreasonable for the applying spouse.
Since a successful application significantly moves the relevant valuation date forward in time, this option should always be discussed early on with a specialist lawyer for family law.
Please note: the content of this article is provided for general information only and does not constitute legal, tax, financial or investment advice. It is not a substitute for individual advice from a licensed lawyer, tax adviser or financial adviser. Despite careful research, we accept no liability for the accuracy, completeness or currency of the information provided. For specific legal or tax questions, please consult a qualified professional adviser.