It seems easy enough to split certain marital assets like bank accounts, real property and personal property, but certain other assets require expert advice like pension funds, stock options and similar creatures of finance. Here are a few examples of the unique issues faced with these kinds of assets.
You cannot just split a pension fund 50:50. The splitting of rights to draw from these funds should be calculated by an actuary. This professional takes into account such variables as the length of the marriage and the career track of the person who is the primary beneficiary of the pension plan. Certain pension plans have limitations that must be taken into account when deciding how this asset will be divided.
Stock options are not vested interests. They are merely options. Those options may be contingent on whether the person continues to work at the company. A determination of whether the person was at fault for their termination might be at issue. For example, determining whether the failure of option to vest should be considered marital waste for which the option holder must make an account to the spouse.
If you are trying to get an idea of how you will have to divide your particular package of assets in the event of a divorce or are considering a prenuptial agreement to protect these assets, contact Diana Mohyi Attorney at Law for reliable counsel on the matter.