Divorcing as a freelancer: what to look out for
A divorce has a major impact and comes with a lot of emotion and uncertainty. As a freelancer (in Dutch: zzp'er), there is an extra layer: you also have to think about the future of your business, your financial situation and how you divide your time anew.
A new balance between work and private life
A divorce is also a moment to rethink how you spend your time. As an entrepreneur you can adjust your working hours, for example to have more or more flexible time for your children or for yourself. What kind of parent and what kind of entrepreneur do you want to be? This is a good moment to review your ambitions and priorities.
Create clarity
A family mediator helps you remove ambiguities and make agreements on the division of possessions, assets and debts. As a freelancer, it is important to include the business side as well. What happens to investments or possessions tied to your business? And does your partner contribute to the business in some way, for example with the bookkeeping or IT? By putting everything clearly on paper, you prevent ambiguity and conflicts later.
The value of your business
In a divorce, assets are divided, and your business may be one of them. Whether it is depends on how you are married. If you married before 1 January 2018 without a prenuptial agreement, full community of property applies. If you married later, limited community of property applies and it matters whether you already had your business before the marriage. With a prenuptial agreement, your own arrangements apply.
If the value of your business has to be divided, a fair valuation is needed. The value of a freelance business varies widely and depends on things like equipment, financial reserves and goodwill. I guide you through this.
Practical tips
- Bring in expert help. A family mediator helps you arrange the divorce properly and has the right network. Sometimes the knowledge of a tax adviser, financial planner or mortgage adviser is needed.
- Keep your business and personal accounts in order. Make sure you have a clear overview of income and expenditure in both.
- Communicate openly and clearly. A constructive attitude towards your former partner makes it easier to reach good agreements. That matters for both of you, especially if there are children.
A new start
Divorcing as a freelancer brings its own challenges, but with the right approach and guidance you will get through it well. Take the time to arrange everything carefully and be realistic about your possibilities. Also read your own business and divorce or more about divorce mediation.
Online introduction Introduction at the office Call +31 20 659 88 28