In Austria the statutory matrimonial property regime provides for the equalization of matrimonial property by court
decision in the event of divorce ( 81 ff, Marriage Act). This division corresponds with the contribution each
spouse has made to the creation of the total assets. There are, however, crucial exemptions from the assets to be
divided: Goods which are the property of a business enterprise and holdings in a business enterprise (except where
these are merely financial investments) are not divided under Austrian law. In general, both spouses make
contributions to the entrepreneurial property during their marriage. These (direct and indirect) contributions include
cooperation within a business enterprise, contributions in cash and kind, the upkeep of the joint household, the care
and education of the children of the marriage, and rendering any other matrimonial assistance. Nevertheless the
judge can`t transfer the entrepreneurial property of one spouse to the other. This conflicts with the primary legal
principle of equity when one spouse has accumulated more assets than the other and the formal allocation doesn`t
correspond with the size of the contribution they have made. Thus, the main idea of this dissertation is to provide
for the equalization of matrimonial property on a value basis: Although entrepreneurial property shall not be
divided itself, each spouse is entitled to demand an equalization payment corresponding with the contribution
he/she has made. The equalization payment shall be cut, if it is likely to jeopardize a business enterprise. This
approach is - on the one hand and compared to previous proposals - more concerned with the contributions made to
the entrepreneurial matrimonial property in the past. On the other hand, the ability of business enterprises to enjoy
continued well-being is still taken into consideration.