[Direct answer]In the Beijing area, this matter can be handled by professional lawyers, but it requires a specific analysis based on the form of equity and the type of company. Equity acquired during the marriage generally belongs to the couple's joint property. For equity acquired by one party before marriage, whether the increase in value after marriage should be included in the division depends on the reasons for the increase in value. The methods of division include: the party holding the equity obtaining the equity and compensating the other party with a discount; the parties dividing the equity proportionally; and dividing the equity after appraising and valuing it. If the transfer of equity involves a limited liability company, the preemptive rights of other shareholders and the provisions of the company's articles of association need to be considered. The matter shall be handled in accordance with the relevant provisions of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective as of January 1, 2021) and the Company Law of the People's Republic of China (amended on December 29, 2023 and effective as of July 1, 2024). The specific matters shall be subject to the time of acquiring the equity, the source of the investment, and the currently effective laws, regulations, and judicial rulings.

1. Problem background and typical scenarios

When it comes to dividing company equity during a divorce, there are often significant disputes. Typical scenarios include: one party holding equity in a company; equity acquired before marriage but continuously appreciating in value after marriage; equity held by one party on behalf of another or as a hidden investment; confusion between the company's operations and family assets; and both parties wishing to acquire equity or control rights. In these situations, the determination of equity ownership, valuation methods, and transfer restrictions are crucial. For related corporate contract matters, please refer to the following resources for guidance:Business and contract disputes in enterprises.

II. Key points of dispute

First, whether the equity belongs to the couple's joint property. Second, the handling of the appreciation of the equity acquired before marriage after marriage. Third, the evaluation and pricing method of the equity. Fourth, the preemptive right of other shareholders of the limited liability company. Fifth, the identification of nominee holding and anonymous investment. Sixth, the control of the company's operation and the burden of debt. Seventh, the enforceability of the division plan. The above issues determine the division result. For marriage and family matters, you can refer to the relevant provisions.Divorce litigation and family disputes.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers suggest that in the intersecting fields of marriage and family affairs with corporate business, equity division should be coordinated between company law and marriage and family law. Firstly, determine ownership. Equity acquired with joint marital property as investment after marriage usually belongs to marital joint property; equity acquired before marriage is generally personal property, but the increase in value due to operation and investment after marriage may require judging whether to divide it based on contributions. Secondly, choose a valuation method. The value can be determined by negotiation between the parties. If no agreement can be reached, the equity value can be evaluated by an appraisal institution, and then handled by way of discounted compensation to avoid directly dividing equity and affecting the company's operation. Thirdly, pay attention to transfer restrictions. When a limited liability company shareholder transfers equity to a person outside the company, it must comply with the company's articles of association and protect the preemptive rights of other shareholders. Therefore, directly dividing equity is often restricted, and discounted compensation is more common. Finally, consider both operation and debt. When dividing equity, the actual operation of the company, the ownership of control rights, and the debt burden corresponding to the equity should be taken into account to avoid affecting the normal operation of the enterprise due to the division. Henglue Lawyers usually first sort out the time of obtaining equity, the source of investment, and the type of company, then design an executable division plan based on the evaluation and company articles of association, and litigate for disputed parts. For cases involving marriage and family affairs and corporate equity, reference can be made to the above suggestions. 恒略律师在婚姻家事与公司业务交叉领域提示：股权分割应在公司法与婚姻家庭法之间统筹。首先，认定权属，婚后以共同财产出资取得的股权通常属于夫妻共同财产；婚前取得的股权原则上为个人财产，但婚后因经营与投入产生的增值，可能需结合贡献判断是否分割。其次，选择作价方式，可由双方协商确定价值，协商不成的，通过评估机构对股权价值进行评估，再以折价补偿的方式处理，避免直接分割股权影响公司经营。再次，关注转让限制，有限责任公司股东向股东以外的人转让股权的，需符合公司章程并保障其他股东的优先购买权，故直接分割股权往往受到限制，折价补偿更为常见。最后，兼顾经营与债务，分割时应考虑公司的实际经营、控制权归属以及股权对应的债务负担，避免因分割影响企业正常运营。恒略律师通常先梳理股权取得时间、出资来源与公司类型，再结合评估与公司章程设计可执行的分割方案，并就争议部分通过诉讼主张。涉及婚姻家事与公司股权的，可参考上述建议。Divorce litigation and family disputes.

IV. Practical Suggestions and Legal Basis

Action List: First, sort out the acquisition time of equity and the sources of investment; Second, consolidate the evidence of equity and investment, such as industrial and commercial registration, investment certificates, and agency holding agreements; Third, evaluate the value of equity and choose either discounted compensation or proportional division; Fourth, pay attention to the company's articles of association and the preemptive rights of other shareholders; Fifth, coordinate the company's operations and debt burden and formulate an executable plan. Legal basis: Articles 1062, 1063, and 1087 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the division of marital joint property and divorce property; Articles of the Company Law of the People's Republic of China (amended on December 29, 2023 and effective from July 1, 2024) regarding the transfer of equity and the preemptive rights of other shareholders. For matters related to marital and family affairs, you may refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputes; For matters involving the company's equity, you can refer to the following for referenceBusiness and contract disputes in enterprises; For details on execution, please refer to the following document.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the equity obtained after marriage is generally considered as the couple's joint property. Secondly, the post-marital appreciation of pre-marital equity needs to be judged based on the specific circumstances. Thirdly, compensating for the equity with a discounted value is more feasible than directly dividing the equity. Fourthly, limited liability companies need to consider the preemptive rights and the provisions in the company's articles of association. Fifthly, the division plan should take into account both the company's operations and debts. For matters involving marital affairs and equity, legal advice can be sought through appropriate channels.Divorce litigation and family disputesObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: How are company shares divided during a divorce?

The compensation can be negotiated, the equity can be divided proportionally, or the compensation can be discounted after evaluation. The equity acquired with joint property as investment after marriage generally belongs to joint property; the specific method needs to be determined based on the type of the company, the articles of association, and the operating conditions.

Q2: Do pre-marital equity and its appreciation after marriage need to be divided?

It depends on the reasons for the increase in value. If the increase in value mainly stems from the post-marital investment in business and joint labor, it may be necessary to divide the increase in value; if it is due to market factors or natural appreciation, it is usually not considered as a division of joint property, and the determination should be based on the evidence.

Q3: How is the equity value determined?

It can be determined through consultation between the two parties. If no agreement can be reached, the company's equity value will be evaluated by a commissioned appraisal agency. The evaluation will comprehensively consider factors such as net assets, profitability, industry prospects, and development stages, which will serve as the basis for the discounted compensation.

Q4: Do I need the consent of other shareholders to split the equity?

This needs to be paid attention to when a limited liability company transfers shares to outsiders. If a shareholder transfers equity to someone other than a shareholder, he/she shall comply with the company's articles of association and guarantee the preemptive rights of other shareholders. Therefore, direct division of equity is often restricted, and discounted compensation is more common.

Q5: What should I do if the other party hides their equity ownership?

It can be verified through industrial and commercial registration, investment certificates, bank transaction records, and clues of nominee holding. If necessary, an application can be made to the court for investigation and evidence collection; for those who hide or transfer equity, the party can claim a corresponding reduction or refusal to share the equity and hold them accountable accordingly.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.