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 a strong lawyer with experience in tax issues, business valuation, and deferred compensation issues.
Attorney David Rubin represents clients in the Stamford area and throughout Fairfield County in all types of asset division cases. A number of factors make property division particularly challenging. He has invaluable experience crafting fair and equitable property settlement agreements taking cases to trial depending on his clients’ needs.
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 such as:
- 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
Perhaps the most difficult part of asset division is determining a fair value for each asset in order to ensure an equitable distribution. David Rubin works with experts who specialize in valuing each of these assets to ensure full disclosure and fight to obtain a fair valuation of each asset that best protects your rights.