Although the law starts from the principle of equal shares (50/50) when settling the community property of spouses (bezpodielové spoluvlastníctvo manželov, "BSM"), in exceptional circumstances the courts allow a disparity of shares. A higher income or better education of one spouse is not enough on its own; unequal division requires extraordinary individual merit — or, conversely, long-term voluntary passivity and disinterest in both family and work. Departures from parity tend to be modest (e.g. 55/45), and the court does not assess fault for the breakdown of the marriage at all. In an out-of-court settlement with unequal shares, care must be taken with creditors and the risk of the agreement being set aside as a fraudulent transfer.
When settling the community property of spouses (bezpodielové spoluvlastníctvo manželov, "BSM"), the question often arises whether one of the former spouses can obtain more than half of the joint property. Although the law starts from the principle of equal shares, practice shows that there are situations where it is possible to depart from this rule. These are, however, exceptions, not the ordinary course.
Section 150 of the Slovak Civil Code provides that the settlement of BSM starts from the parity of shares. Both spouses have an equal claim to the property acquired during the marriage. This principle is the starting point for the court as well as for out-of-court agreements. Importantly, the spouses may voluntarily agree on an unequal division of the property as well. Such an agreement is not contrary to the law and is not invalid. In a court settlement, however, any inequality of shares must be convincingly justified.
In practice we often see that one spouse earned significantly more, had a better education, professional opportunities or a state of health allowing higher earnings. These circumstances, however, are not sufficient in themselves to justify a larger share. The court examines whether one spouse had objectively more favourable conditions for acquiring property. If so, the higher income is not regarded as extraordinary merit but as a natural consequence of their profession or abilities.
Case law — particularly Czech case law, which is richer in this area — permits a departure from equality of shares only in exceptional situations. These are cases where:
Even in cases where the court allows a disparity of shares, these are usually modest departures — for example a 55:45 ratio. More pronounced inequalities are rare and are tied to genuinely extraordinary circumstances.
The court does not take into account:
The settlement of BSM is a purely property process, not an evaluation of the married life.
If one spouse is a debtor and does not have sufficient assets to cover their obligations, we recommend carrying out the settlement of BSM in accordance with § 150 of the Slovak Civil Code. Otherwise, a creditor may successfully challenge the agreement under § 42a of the Slovak Civil Code.
Do you need advice on settling BSM, or are you considering an unequal division of property?
In questions of parity of shares, extraordinary merit, economic passivity and possible departures from equality, the correct legal assessment is decisive. Every case is different, and a well-designed strategy can fundamentally affect the outcome. As an attorney, I will prepare a clear analysis of your situation, explain your realistic options and propose the most advantageous course of action for an out-of-court or court settlement of BSM.
If you are dealing with a divorce or a property settlement, or have questions about whether you are entitled to a larger share, arrange a no-obligation consultation.
