In a divorce, can the spouse directly become a shareholder of the company?
Generally, no. What the spouse receives is the property value of the equity (a cash buyout), not the shareholder status. Only where the parties reach agreement and the other shareholders consent (waiving their right of first refusal) may a change of registration make the spouse a shareholder.
Source article: ‘The Company Founded Before Marriage: Why Is Half of the Post-Marital Appreciation Distributed in Divorce? — Rules and Judicial Approaches for Dividing Pre-Marital Equity’s Post-Marital Appreciation’
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