Accomplished Lebanon, Ohio, Complex Divorce Asset Attorney
The divorce process is commonly rife with complexities and can be confusing even for the most prepared spouses. When spouses possess significant and intricate assets, it can become even more convoluted. However, making sense of the asset division procedure is possible with seasoned legal counsel.
At The Law Office of Juliette Gaffney Dame, I have over 15 years of experience guiding spouses in Warren County, as well as Hamilton and Butler counties, as they navigate their divorce and work to simplify the asset division process.
How Are Stock Options Divided During A Divorce?
Due to the sheer complexity of stock options, they can make the asset division process intricate and confusing. However, by looking into when the shares were granted, the vesting schedule and applicable state property laws, dividing stocks can become fairly straightforward.
For example, if a spouse purchased or received stock options before their marriage, they will not be subject to division. But if the stocks were unvested, things could become complicated. If stock options were purchased during the course of a marriage, but they were vested when the divorce process began, then only a percentage of the shares will be deemed marital property.
When it’s time to actually divide the stocks, courts use a few main methods to determine a fair and equitable split between both spouses. The first method is deferred distribution. With this option, the nonemployee spouse is presented with a percentage of the shares based on a formula. But the employee spouse will maintain possession of the shares until they can be exercised, at which point the stock will be divided accordingly.
The other method is a cash buyout. This alternative option allows couples to split ways immediately and gives the individual the ability to buy out the other spouse.
Are Premarital Assets Subject To Division?
No, typically, premarital assets or any property owned prior to a marriage will not be divided during the course of a divorce. In some instances, though, separate assets can become joint property if they are commingled, used for marital purposes, or if significant appreciation occurs.
Additionally, if the other spouse contributes to the maintenance or development of an asset, they may be entitled to a fair share of the property’s value.
Supporting High-Asset Spouses Throughout The Divorce Process
The overwhelming nature of a high-asset divorce can place a burden on a spouse and impact their well-being. Ohio residents can gain a deeper understanding of the divorce process and begin protecting themselves by emailing me or calling my office at 513-599-8979. I am available Monday through Friday from 8 a.m. to 5 p.m. and welcome clients to schedule a consultation through email or by leaving a message if they call after hours.
