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Factoring in compensation types in a divorce

On Behalf of | Sep 11, 2019 | Divorce

Proven family law attorneys with a demonstrated record of advocacy on behalf of diverse clients in high net worth divorces know that asset-linked issues can be comparatively challenging in such matters.

For starters, dissolutions featuring a high degree of wealth frequently focus closely upon myriad and varied property sources. An experienced high-asset divorce team in such cases routinely identifies, accurately values and ensures the equitable distribution of marital assets across a broad spectrum. Those can range from various investment/retirement accounts, a family business and company perks to stock options, bonuses, commissions and more.

Attorneys at the established Ohio law firm of Smith, Meier & Webb in Springboro have a deep well of experience diligently promoting the interests of clients in high-asset divorces. We stress on our website that it is critical for individuals in such matters “to consult a family law attorney who fully understands the implications of property division.”

The writers of a recent Forbes article on compensation sources in high net worth dissolutions echo that reasoned view.

And they underscore this point: How a party fares in a high-asset divorce can hinge heavily on that person’s knowledge “of how various types of income are treated and how you time [a divorce] filing in relation to these considerations.”

Take stock options, for example. They might be treated as future-based and thus not deemed divisible marital property if not exercised prior to divorce. Alternatively, they might be construed as earned during marriage and thus comprising a marital asset that can be divided. Similar questions can arise with bonuses, commissions and other forms of income.

The above writers stress that spouses in high-asset divorces “should be prepared to be strategic” in property-tied negotiations. An experienced legal team can help fundamentally with that preparation.