Division of Assets

The economy has created a number of challenges in the area of marital property division:

• The value of some assets may have gone down, particularly family homes, vacation homes and pension funds. Whereas in years past, the family home was typically an asset both parties wanted to keep, some people are now finding it to be a financial liability.
• Some assets may be difficult to properly value because of economic fluctuations, such as closely held or family businesses and real estate investments.

At the law offices of Raipher, P.C., our divorce lawyers can access a wide range of financial experts, including forensic accountants and appraisers, to obtain a fair valuation of complex assets, family businesses, and real estate interests. Our goal is always to protect your financial interests and your future.

When dividing marital assets, it is critical to take into account the tax ramifications of that division. For example, when one party wishes to buy out the other’s interest in a family business, the structure of the buyout agreement will determine its tax rate (as ordinary income or as a capital gain). Dividing retirement assets can also have important tax implications, with some types of pension plans and IRAs being taxable. In some cases, the tax ramifications may indicate that a property settlement would be a better option than alimony.

We work to structure asset and debt division in a way that ensures our clients are not unfairly penalized. In all cases, we work to position our clients as advantageously as possible.

Will you be splitting a retirement fund? Accepting a lump sum payment or receiving payments only when you reach retirement age? Does the employer or the administrator of the pension fund have any requirements that could limit your choice of how these funds can be accessed or divided? Will a QDRO (qualified domestic relations order) be needed in order to secure your share of a pension fund? We will guide your decision-making and handle all these details.

A properly drafted prenuptial agreement can play a controlling role dividing assets in divorce, but there are situations where the validity of the agreement may be called into question. If the agreement is patently unfair or the court believes coercion was a factor in its negotiation, the agreement is likely to come under review.