If you or your spouse have any investments, they may be subject to division during a divorce regardless of whose name is attached to the investment. Investments come in many forms, including, bonds, stocks, and real estate. In general, most investments come with the expectation of capital appreciation, dividends, and interest earnings.
If any of the investment assets were acquired prior to the marriage and experienced no increase in value or the increase was “passive,” (i.e. through market growth with no active effort from either spouse), these assets may be deemed non-marital property and will not be subject to division. In other words, there will be no marital interest in the investment. However, some investment assets will be deemed marital property and thus subject to division. Read more about marital vs. non-marital assets, here.
Marital assets include anything that has value and that was accumulated after the date of marriage, including investments and investment property. Because many investment assets are subject to an equitable division in a divorce, it is importation to get them valued timely and accurately once you or your spouse has decided to pursue a divorce.
In order to accurately and timely value and divide investment assets during a divorce, it is important that you understand what you and your spouse have. It is essential that your attorney, and the judge, are aware of the values of each of your assets and property in order to divide the estate. If you are uncertain as to whether your spouse has any investment assets or do not have access to specific information regarding investments, it is important to tell your attorney so that they may request the information from your spouse.
The attorneys at Alithis Family Law, LLC are experienced in dealing with investment assets during a divorce and will help you get the information you need to move forward in the process. Please, contact our office today at (952) 800-2025 or on the web at info@alithisfamilylaw.com. To allow you to ensure that our attorneys are right for you, our initial consultation if free.