The Challenge Of Division Of Investments In Divorce
Investments can be difficult to divide in divorce. Values of nearly all investments oscillate over time. The value of a share of stock is not set until the moment of sale. The value of an investment is not set by courts or lawyers. It is determined by what the market is willing to pay for it.
The first step in dividing investment assets is to identify them. Many of these assets, such as offshore investments, must be located and put on the table. Second, it is important to understand how that investment’s value is determined. The family law attorneys at Mowery Youell & Galeano, Ltd., are experienced in dividing every kind of investment assets, including:
- Real property
- Stocks and mutual fund shares
- Pension and retirement accounts
- Employee stock option plans (ESOPs)
- Business interests
- Other jointly owned investments
The general rule is that any investments made during the marriage are marital property and must be shared with your spouse when you divorce. An important option is to trade other assets to keep your pension or retirement intact. We can assist with these kinds of trade agreements.
Some investment division challenges require expert appraisal. When necessary we work with qualified specialists to ensure accuracy and completeness. Our network includes certified public accountants, pension and retirement account evaluators, certified divorce financial planners, tax consultants, real estate appraisers, business valuators, art appraisers and bankruptcy attorneys.