Property division can sometimes be relatively simple during divorce proceedings. Some couples sign ironclad prenuptial agreements with very clear instructions for dividing marital property. Others may very quickly reach amicable agreements about how to support their assets because they have minimal marital resources and debts to divide.
Those who have achieved success during their marriages may have relatively complex marital estates, which may lead to complications during property division negotiations. Spouses who have accumulated investment resources during their marriages may find that they are particularly difficult to fairly divide.
How can spouses address investments equitably?
Investments require a careful analysis
There are multiple complications involved in dividing investment resources during a divorce. Looking at when the spouses acquired those investments can be important.
Investments from before the marriage may not be subject to division in every case. However, the use of marital property to improve or maintain investments could leave them susceptible to claims by the other spouse.
Determining the fair market value for marital investments can also be a challenge. Resources such as real property or businesses may require professional insights to properly value.
Even the process of splitting those resources can be difficult. Actually dividing investments may not be realistic. Instead, spouses may need to factor in the value of different investments as they make other decisions regarding the property division process.
Spouses anticipating complicated property division negotiations during a high-asset divorce may require support as they attempt to value their resources and find fair solutions for splitting them. Reviewing an inventory of marital assets and financial disclosures with an attorney can help people set realistic goals and focus on securing terms that may lay the foundation for a better future.
