Parties to a divorce often own assets that may be hard to value or divide. Business assets, and complex investments such as real estate holdings, RSUs, investment accounts and similar assets often involve the need for expert valuations. Beyond determining value, the nature of these assets may make it more difficult to negotiate a fair settlement.
What Happens to Investments and Retirement Accounts in a Divorce
Investment accounts may be simpler to divide than retirement accounts but doing so properly to avoid taxes requires careful planning. When those investments exist in the form of restricted stock units or other investments that include specialized rules for changing ownership or cash conversion, a party with such assets may prefer to keep them in exchange for other assets. In making decisions, it is important to consider not just liquidity but the eventual tax consequences, including the basis for capital gains that may not be incurred immediately but must be analyzed when negotiating a fair and equitable division of property
Other complications include not only valuing real estate but correctly calculating the resulting income from real estate investments. Determining the right expert and understanding the costs involved in maintaining investment real estate requires experience and knowledge. Hiring the right expert may make a significant difference in the overall value of the marital estate and in determining issues such as spousal maintenance and child support.
A Business As an Asset in a Divorce
Another intricacy in dividing marital property arises when the parties own a business. As with all marital assets, identifying the right expert to value the business forms a key component to assuring accuracy. Once a business value is established, the parties must find a method to divide the value of the business since ongoing joint ownership cannot and should not occur. Since buying out a business partner without selling the business assets often creates a liquidity problem, creative solutions may provide the answer.
Searcy Friedman Law, Your Partner In Evaluating and Dividing Complex Assets
Searcy Friedman Law helps clients navigate the valuation and division of complex marital assets to minimize the devastating financial impact of a divorce. We offer a free consultation with our experienced lawyers to assure that your representation is prepared with a strategy tailored to your specific needs.
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