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Marital Asset Valuation Is Highly Complex

In New York, marital assets are subject to equitable distribution between divorcing spouses. Generally, the court is neither rigid nor arbitrary respecting division and each spouse does not automatically receive exactly 50% of the marital estate. Rather, the Court seeks to equitably divide the marital assets consistent with statutory guidelines and case law. This means that frequently assets that are being valued require a separate analysis as well as an acquisition timeline and valuation. Real estate valuation in particular is quite different from liquid assets where the valuation is much more straightforward, subject to exploration of separate property credits all of which requires careful discussion, thought and examination.

In addition to your bank accounts, home and household goods, vacation property, motor vehicles, art and other items, your marital assets may comprise:

  • Stock options
  • Bonds or other loan instruments
  • Deferred compensation
  • Real estate investments
  • Pension, 401(k) and other retirement accounts
  • Offshore accounts and other foreign assets

If all are a result of earnings during the marriage and the party does not realize the compensation until after the divorce, what then? A separate analysis is necessary for each type of asset. The financial angles associated with various investments will require a team of professionals to protect your financial interests.

A Constellation Of Trusted Professionals

Whether stocks, bonds, other compensation such as deferred compensation, I frequently get certified financial professionals such as accountants and an actuary on board as soon as possible to secure accurate analysis and valuation of assets as well as risk management.

Stock options, for example, require close scrutiny. Not every stock option is a marital asset and is dependent on the nature of the compensation associated with it. The analysis will need to establish many factors, such as:

  • When acquired in relationship to the filing of divorce proceeding
  • What is the present value
  • When it vests or does not vest
  • What are the exercise options of each stock

An actuary can provide useful data for risk analysis.

Your Financial Stability: An Assertive Approach

I have been protecting my client’s financial interests in divorce for more than 40 years. When you have a complex portfolio, hiring an aggressive advocate is critical to help you control and anchor your financial future successfully. My law firm, David I. Grauer, Attorney at Law, has grown over the last four decades by word-of-mouth and attorney referrals. I forge strategies to help my clients achieve their objectives in the least time with the least expense with negotiation and mediation. When contested proceedings mean a courtroom battle, I am a veteran trial lawyer prepared to advance your interests. Call my office in White Plains at 914-269-2419 or send me an email to initiate a complimentary phone consultation.