QUESTION

When a couple is divorcing and have the same profit share through the same company but separate accounts, how does it get divided?

Asked on Jan 28th, 2016 on Divorce - New Hampshire
More details to this question:
Both of us work for same company and have the same profit share benefit but they are separated. He has $300,000.00 in his and I have $49,000.00 in mine. He also makes just over 2x what I make. What happens to those funds during divorce?
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1 ANSWER

This is a tough question to answer without more facts.  Generally, the courts with the presumption that it divide all assets and debts 50/50.  If that is the case then the best way to divide the profitsharing account is add them together and then divide by 2.  So, there is a total of $350K, so each will get $175K.  In order to accomplish that, it is the most efficient for you to keep your $50K and your husband transfer $125K via a Qualified Domestic Relation Order or QDRO, for a total of $175K.  If your husband earn some of the account before the marriage then the court may award that portion to him.  Also, depending on varies factors you may be entitled to more than 50% of the assets, but there is insufficient information to know that from the question.  These are complex issues and you may benefit from consulting with several lawyers.  Best wishes.
Answered on Jan 29th, 2016 at 8:06 AM

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