When couples begin the process of property division at the end their marriage, they usually focus on their home, vehicles, bank account and retirement funds. There are also other less-obvious but significant assets.
Restricted stock
Restricted stock may be a substantial but less-recognizable asset in a divorce. Spouses with an executive level job, especially in finance, may have restricted stock as part of their income.
This type of deferred compensation is different from the more recognizable annual bonus. Restricted stock may be structured in many ways and some corporations are rewriting their terms on an ongoing basis.
The non-earning spouse should consider that some restricted stock units may have been earned during their marriage, which may be cashed out after divorce. Although restricted stock is usually not transferable, other assets may be divided to account for that asset. At times, these assets should be frozen based on market conditions.
Pension benefits
Government employees and some non-government workers may have pension benefits. The spouse who is not the pension holder should assure that this future income, typically earned during their marriage, is accounted for and properly divided.
An expert pension valuation may be important. Estimated payments contained on pension statements may not be the actual future payments. An employer’s bankruptcy can also affect the pension’s value.
Military benefits
A non-military spouse of a servicemember is not guaranteed health care and other military benefits after their divorce. Eligibility depends on the 20-20-20 rule.
Under this rule, the servicemember had to serve at least 20 years, the couple must be married for at least 20 years and the military service must overlap by at least 20 years.
Completing the proper documents and not waving your rights are important while seeking these benefits.
Cryptocurrency
There are many ways to hold Bitcoin and other cryptocurrency for spouses who invested in it. Tracing can be difficult because investments may be made with a major investment company or individually with stock certificates.
As recently reported, this investment is volatile. A professional with expertise in valuating cryptocurrency may be necessary to account for this asset.
Preparation
Keep track of all of your marital and household assets, where they are kept and their ownership. Note any technical financial or stock terms discussed by your spouse.
Attorneys can assist spouses with locating divorce assets. They can also help them seek a fair and reasonable divorce decree.
