What is the general principle of splitting assets in Sweden?
The general principle is that all of the couple's shared marital property, or giftorättsgods, is split equally between them in what is called a bodelning, meaning "splitting of the household". This includes all bank accounts, savings and investments, any houses the couple might own, and property such as cars, boats, and antiques.
Expensive possessions, such as jewellery, are included in the asset split, and this includes wedding and engagement rings. So if you received an expensive diamond engagement ring, expect your partner to demand half of its value in a divorce. Less valuable personal possessions, like clothes, are normally not included in the bodelning.
When couples who live together but are not married (sambo) split, there can also be a bodelning, but the rules are slightly different.
Divorce lawyers in Sweden talk about 'the pot', a virtual container into which all giftorättsgods are placed and valued before the split takes place. While assets are split, debts are not.
Before going into the pot, each partner's debts are subtracted from their assets and what is left goes into the common pot. This means that if one partner has 100,000 kronor worth of shares and an overdraft of 50,000 kronor, they only need to put 50,000 kronor into the pot. If one of the partners' debts exceeds their assets, nothing goes into the pot.
Can some assets be left out of the asset split?
Yes. Some assets are classed as enskild egendom ("individual property"), and are excluded from the asset split. Assets can become enskild egendom for the following reasons:
if they have been classed as such in a prenuptial agreement (or agreement entered into while the marriage is ongoing);
if they have been explicitly described as individual property in a will (ett testamente) or deed of gift (ett gåvobrev) before being received by one or other of the partners
What about pensions?
Your state pension, or allmänpension, is not included in the assets to be split. Occupational pensions, or tjänstepension, you receive from your employer are not included in an asset split so long as the employer theoretically owns the pension. If instead it is the employee who owns the pension (as is the case in some pensions for companies without a collective bargaining agreement), then the tjänstepension is treated like a private pension and split.
Private pension savings, on the other hand, are normally included in the asset separation, but not always.
If one partner has a pension savings agreement under the Act on Individual Pension Savings or savings in a PEPP product, that can be wholly or partially excluded from the division of property if, "taking into account the spouses' financial circumstances and the circumstances in general, it would be unreasonable for the entire pension right to be included".
Are there any possibilities for 'adjustments'?
Yes, the law on asset splits has several possibilities for so-called jämkning, or adjustments, which can complicate the asset division.
These especially apply if the marriage has only lasted for a few years (normally under five). The shorter a marriage has lasted, the less likely it is that a court will insist on an equal division of marital assets, particularly if one partner has contributed significantly more to the property where the married couple has lived.
Another possibility covers situations where one partner receives an inheritance very shortly before the divorce is agreed. If this inheritance would then become a major part of the partner's share of marital assets, then there is a possibility for it to be excluded from the division of assets.
From when does the asset split apply?
The bodelning applies to the assets you have on the day that the court accepts either your joint application for divorce, or, if you are not agreed on divorce, the application to a court from the partner who wants to dissolve the marriage.
How do you arrange the asset split?
If you are agreed on how the assets should be split, you can, if you like, simply do this yourself without employing a lawyer. Then you can yourselves write out an agreement splitting the assets (ett bodelningsavtal) and sign it. If you like, you can then register this agreement with the Swedish Tax Agency.
It's most common, however, for even couple who are agreed on the asset split to visit a lawyer together for help arranging it and help assessing how much each is entitled to.
If there are areas of potential disagreement, for example over jämkning or pensions, it can be advisable to see a lawyer independently to understand your position before the asset split begins.
What if you don't agree?
If you can't agree on an asset split, in extreme cases, you can apply to have the split carried out for you by a bodelningsförrättare, or asset separation administrator appointed by your local court. Given that they are paid up to 3,500 kronor an hour and can bill between five and ten hours for each separation, this can get expensive quickly, and tends to be at least 10,000 to 18,000 kronor, the cost of which is shared between the two partners.
When does the asset split need to be agreed?
You are allowed to agree the asset split while you are still married, but there is in fact no deadline for when it needs to be carried out following a divorce. In one extreme case, Sweden's Supreme Court ruled that someone who applied for a formal bodelning after 24 years had left it too late.
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