Addressing the Impact of Divorce on Investments
If you are going through a divorce, you may be wondering how the division of community property will impact the investments you have made during the marriage. Or you may be concerned about the investments your spouse has made with marital or personal funds.
At Law Office of Melissa D. Cianci, in Roseville, we advise and represent clients on the impact of California community property law on their investments. Contact us for a consultation with a knowledgeable divorce lawyer.
Valuing and Dividing Community Property Investments
Accurately determining the value of investments such as rental properties and shares in closely held businesses can be one of the most complicated and contested aspects of the divorce process. When each side retains experts who do not agree, the valuation of investments must be resolved through either settlement negotiations or a potentially costly trial.
Even if you and your spouse can agree on what community property investments are worth, dividing them with an eye toward each spouse's personal priorities, as well as tax consequences, may require an individualized, innovative approach.
401(k)s, IRAs and other retirement accounts must be dealt with very carefully; failure to properly divide these accounts can have serious consequences when you choose to retire or draw on the account.
Our attorneys are experienced at pursuing accurate valuations and effective divisions of investments — including but not limited to stocks, bonds, annuities, trust accounts and overseas investments — in divorce.
We are also skilled at addressing the issue of whether investments are, in fact, community property; for instance, investments financed with one spouse's inheritance may not be subject to division.
Carefully Attending to Division of Debt Obligations
Many types of investments, particularly property investments, are financed with debt. Even during good economic times, debts acquired during the marriage can complicate a divorce. During an economic downturn when many families and businesses have debts that exceed their assets, this can be particularly troublesome.
We are experienced at working through debt division issues, including the use of indemnity clauses to guard against the possibility that either party will eventually have to file for bankruptcy. Contact us to discuss how your or your spouse's investments or debts will impact and be impacted by your divorce case.
