Frequently Asked Questions
Options: (1) one spouse buys out the other's share, (2) business is sold and proceeds divided, (3) co-ownership continues with a shareholders' agreement defining roles and buy-sell triggers. Valuation must be agreed upon or expert testimony provided. Buyouts often require seller financing.
Forensic accountants can trace offshore transfers. Discovery can compel disclosure of foreign accounts. Hiding assets is contempt of court and can result in sanctions, perjury charges, and unfavorable judgment (court may award 100% of disputed assets to other spouse). Disclosure is legally mandatory.
Yes, if granted during marriage. Vested options are clearly marital. Unvested options are usually treated as marital property with a portion allocated to the non-employee spouse based on the ratio of grant-date-to-divorce-date to total vesting period (Marty formula).
Crypto is treated as an asset and must be valued at the date of divorce. Forensic accountants can trace blockchain transactions to find hidden crypto. Volatility makes valuation complex. Court orders may require specific allocation or hold-and-divide arrangements.
Yes, if properly drafted and enforced. Prenups must have full financial disclosure, fair terms, both parties represented by counsel, and voluntary execution. Courts enforce valid prenups but will void them if they're unconscionable or if fraud/duress is proven.
Courts can order co-ownership to continue (with buyout restrictions) or require the business be valued and divided. If one spouse wants to keep the business, they typically must buy out the other spouse's share. This often requires business financing and new shareholders' agreements.