Frequently, married couples have an investment portfolio, containing stocks, bonds, mutual funds, etc. How will the court divide such assets? Who will receive the more productive investments? Sometimes the investments are in the name of your spouse. Does this mean your spouse will receive all of them? That depends on when they were acquired. If acquired before marriage, then the asset is premarital and you do not have any entitlement to them. The exception, though, is any appreciation on that asset. Any appreciation of the asset during the marriage is a marital asset and is part of your marital estate. Your spouse may still receive the asset in the divorce, but he or she will likely owe you part of their value–the portion of the marital appreciation the court awards you. How will I receive that portion of the asset? In cash? As a security, such as stocks? Will I have to pay income taxes of my receipt of them? Will I have to pay early withdrawal penalties? Can I change the beneficiary once I receive my portion?
Investments can be a complicated and confusing part of a divorce for a party, especially for the spouse who never managed the investments and has no experience doing so. How will I even find out what investments my spouse has? Perhaps he or she never even shared the account information or history with you. Our experienced firm can help you learn about these investments: which ones you and your spouse have; the portion which is part of your marital estate; the value of them; how to transfer them to you; and the tax implications. We will help you understand your entitlement and receive it.