Specifics of Dividing Spouses' Business Assets upon Marriage Dissolution

The article is devoted to the problems of legal regulation of the division of entrepreneurial assets in the event of divorce. The study revealed systemic conflicts between the norms of family, civil and corporate law, and developed conceptual approaches to optimizing the mechanism for dividing the business assets of former spouses, including shares in the authorized capital of business companies, the property of individual entrepreneurs and exclusive rights to the results of intellectual activity. The research methodology consisted of formal legal, comparative legal methods, as well as a comprehensive analysis of judicial practice. As a result, it is proved that the most effective tool for minimizing risks is a prenuptial agreement. At the same time, the need to maintain a balance of interests was emphasized: securing a business for a spouse should be accompanied by providing the second spouse with adequate compensation in order to avoid invalidating the agreement due to putting one of the parties in an extremely unfavorable position.

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Publication Details

Journal
Family and housing law
Published
2026-11-10
DOI
https://doi.org/10.18572/1999-477x-2026-6-15-17
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
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article

Specifics of Dividing Spouses' Business Assets upon Marriage Dissolution

Радченко Татьяна Викторовна, Ksenia V. Sheveleva
Family and housing law
Family and Matrimonial Law
article

Specifics of Dividing Spouses' Business Assets upon Marriage Dissolution

Радченко Татьяна Викторовна, Ksenia V. Sheveleva
article en

Abstract

The article is devoted to the problems of legal regulation of the division of entrepreneurial assets in the event of divorce. The study revealed systemic conflicts between the norms of family, civil and corporate law, and developed conceptual approaches to optimizing the mechanism for dividing the business assets of former spouses, including shares in the authorized capital of business companies, the property of individual entrepreneurs and exclusive rights to the results of intellectual activity. The research methodology consisted of formal legal, comparative legal methods, as well as a comprehensive analysis of judicial practice. As a result, it is proved that the most effective tool for minimizing risks is a prenuptial agreement. At the same time, the need to maintain a balance of interests was emphasized: securing a business for a spouse should be accompanied by providing the second spouse with adequate compensation in order to avoid invalidating the agreement due to putting one of the parties in an extremely unfavorable position.

Family and housing law
MIREA - Russian Technological University (RU)
Family and Matrimonial Law
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