Company stock and deferred compensation plans provided by employers must be considered during divorce proceedings. Your Thousand Oaks divorce mediation attorney can provide you with important assistance during this process.
An employer who offers stock options as a retirement benefit (as opposed to an IRA or other deferred benefit) may, especially if the stock is traded in the public market, have the stocks valued at regular intervals. This procedure can be accomplished by finding the price at which the stock may be traded. This establishes for your Thousand Oaks divorce mediation attorney a reasonably accurate value for the stocks as part of the marital estate. However, if the stocks are held closely and no valuation has been implemented, an accurate value may be more difficult to come by.
Your Thousand Oaks divorce mediation attorney may advise that the valuation shown in the benefit statement may be acceptable if the employee owns only a small number (under 5%) of the available shares. If an employee possesses a greater amount of controlling interest in the company, for example 50% or more, the value of that controlling interest may be greater than the declaration of value as it applies to benefit purposes. It is more to the point to apply principles of business valuation than that of stock. This should be done by a specialist with experience in such matters.
Like the stocks, the valuation of a deferred compensation plan is best left to a specialist in this field. These and similar retirement options can be quite complicated and an expert opinion is needed for accuracy and appropriate consideration.
Get Complete Information
If you are involved in a divorce, don’t wait. Contact Gary Mitchell, your Thousand Oaks divorce mediation attorney by calling 888-452-1846 today.