QUESTION
How is the property division done if there are any Stock Market related accounts?
Asked on Jan 15th, 2014 on Divorce - Utah
More details to this question:
E.g. mutual funds or stocks in retirement or non-retirement accounts. Can one value them at the date of valuation or they must be valued with the stock prices as of the date of separation?
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Decisions are for the judge. Court may use separation date, filing date or trial date. If there is agreement you can pick date.
Answered on Jan 17th, 2014 at 10:17 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Value on the date of marriage compared with the value on the date of divorce. The difference is community property and divisible by the court.
Answered on Jan 17th, 2014 at 10:08 PM
I would hope the marital property part of the stock market related accounts would be divided in the same proportion as the other properties. It can also be negotiated if you and your spouse agree.
Answered on Jan 16th, 2014 at 10:26 PM
They are divided by means of court orders. The division is from date of Marriage to the date of separation with adjustments for value fluctuations.
Answered on Jan 16th, 2014 at 10:26 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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As a general rule, in Oregon the stocks are typically valued as of the date of divorce, not the separation date.
Answered on Jan 16th, 2014 at 5:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally as of the date of divorce. Alternatively, half of the account can be given to one person and the other half to the other, i.e. the stock.
Answered on Jan 16th, 2014 at 5:43 PM
The value of marital assets is usually determined as of the date of the trial or the date of the entry of the decree or order requiring the division of the asset. The court may also use a standard valuation date which is close to the date the order or decree is entered. The court will not use the separation date to value an asset unless one party can show that the other has diminished the value of the account or has otherwise caused the value of the asset to decrease during the action.
Answered on Jan 16th, 2014 at 5:43 PM