"An investment in knowledge pays the best interest," Benjamin Franklin once said.
When it comes to dividing the value of investment accounts and other assets in divorce, knowledge is also key. You must understand the nuances of the community property rules that govern the division of marital assets in California.
For high net worth clients in San Francisco and the surrounding areas, Sena Family Law & Mediation Practice is a respected choice to address myriad issues related to this complex aspect of divorce.
Certified family law specialist Cheryl A. Sena has more than 30 years of experience dividing marital property and addressing other concerns. She is very familiar with the applicable laws and the lesser-known pitfalls of dividing stock options, restricted stock, ESPP accounts and other types of investments. Set up a free consultation by calling 415-906-2556.
Stock Options And Restricted Stock Units
Given that San Francisco is the hub of a widespread tech community, many companies here offer their employees stock options and restricted stock units. Sena Family Law & Mediation Practice is proud to represent employees (and their spouses) from Google, Salesforce, Yelp, Twitter, Lucasfilm, Zynga, Adobe Systems, Square and other companies across the Bay Area.
As part of the asset division process, our lawyer takes into consideration the tax basis for each stock to make sure our client receives like-kind assets. This is important because the date of purchase can affect the value. For instance, two shares of Apple stock purchased 20 years ago and two shares of Apple stock purchased today are worth different amounts due to the taxes associated with the sale.
Oftentimes one spouse may have had funds on deposit in an account at the time of marriage and then retitle the account to include the new spouse. Upon dissolution, since the account is jointly titled, the presumption is that the account belongs to the marital estate.
In order to determine if the funds are 100 percent community property, you may need to hire a forensic accountant who can trace out the separate source and allocate appreciation. Sena Family Law & Mediation Practice has handled many cases successfully involving tracing.
Coming To A Mutually Acceptable Resolution
Attorney Cheryl A. Sena understands the importance of listening carefully to both what you value and what your spouse values. By determining what is most important to both sides, she can often negotiate a property settlement agreement and avoid a lengthy and expensive court battle. Resolving the matter short of litigation is generally in everyone's best interest.
In some situations, of course, court intervention is necessary. If alternative dispute resolution methods fail, you can count on Ms. Sena to be a determined and tenacious advocate for you at trial.
Schedule a free initial consultation with her by calling 415-906-2556. Alternately, you can contact our firm online.