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Division of Assets

Equitable Division of Assets in a Divorce

The division of marital assets has the potential to be one of the most contentious parts of a divorce proceeding. Under Connecticut law, all property owned by either party at the time of the divorce may be equitably divided by agreement or by the judge between the spouses. These are extremely complex matters that require the attention of an experienced lawyer. Be sure that you have a strong advocate with experience in tax issues, business valuation and deferred compensation issues who can help to ensure that your interests are protected.

Attorney David Rubin represents clients in the Stamford area and throughout Fairfield County in all types of asset division cases. He has experience resolving disputes over privately held businesses, deferred compensation, investment accounts, stock options, restricted stock, royalties, residential and investment real estate, retirement accounts, defined benefit pensions, gifts, estates, trusts and inheritances.

Valuation and Division of Marital Assets

Marital assets are defined as any property owned at the time of divorce. Judges may divide premarital assets or award them to the party that owned the assets before the marriage. Judges may consider the earnings of the spouses during the marriage; the noneconomic child rearing and housekeeping contributions of a spouse to the marriage; the sources of gifts and inheritances received during the marriage, and the terms and values of trusts that benefit one of the spouses.

The court may also allocate between the spouses the appreciation in the value of assets during the marriage. For all of these assets, the valuation methods and the dates of each valuation may be crucial.

A number of factors make property division particularly challenging. An attorney experienced in handling these cases can be invaluable in crafting a fair and equitable property settlement agreement or taking the case to trial.

Such issues include:

  • Valuation of a small business
  • Valuation of a professional practice
  • Valuation of a partial interest in a closed corporation
  • Valuation of a partnership interest
  • Valuation of off-shore assets
  • Valuation of stock options
  • Valuation of restricted stock
  • Valuation of deferred compensation plans
  • Valuation of defined benefit pensions
  • Valuation of investment real estate
  • Valuation of art, jewelry and antiques

Strategy is Key

Perhaps the most difficult part of asset division is determining a fair value for each asset in order to ensure an equitable distribution. Attorney Rubin works with experts who specialize in valuing real estate, businesses, art and antiques, pensions, 401(k) plans and other types of property. He will work to ensure full disclosure and fight to obtain a fair valuation of each asset that best protects your rights.

Attorney Rubin also has extensive experience helping clients to avoid unnecessary taxes in property division cases, particularly those involving allocation of capital gains/deductions and evaluation of the after-tax present value of pensions, IRAs and 401(k) accounts. He regularly works with certified public accountants (CPAs) to handle these difficult taxation matters.

When retirement accounts are divided he will help you understand your options and the possible consequences of choosing a particular course of action. He is committed to helping you reach an agreement or obtaining a verdict that serves your best interests above all else.

Call Attorney Rubin's Cell Phone Now For A Free Telephone Consultation

Contact Attorney Rubin on his cell phone at 203-428-4958 or via e-mail.