Dividing Stocks in Divorce

By Sandy Brooks 

If your spouse has stocks, they will need to be identified as marital or non-marital, valued and divided or offset with another marital asset.

Public stock is simple to value. Once a valuation date is determined, the answer lies in the market’s figures. Assuming the stock is all marital, and the parties agree to divide it equally, I recommend the parties work with an accountant or representative from the financial institution to ensure the division is as equal as possible considering the cost basis, so one party is not left with a major tax liability.

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Can My Spouse Take My Business?

By Cheryl Hepfer

The law may differ slightly from jurisdiction to jurisdiction. Generally, businesses started during the marriage will be determined to be marital property to be divided upon divorce. If the business is a partnership or a corporation, ownership by title will be determined. Suppose a spouse owns 100% of the business because of the stock ownership or the partnership interest or because of other evidence of ownership. In that case, the Court will generally require that the business be valued, and then a determination will be made as to whether the spouse who does not have an interest in the business will receive a buyout or an offset from other assets.

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Sandra A. Brooks



sbrooks@offitkurman.com 

240.507.1716

As a family law attorney, Sandra (Sandy) Brooks’ practice focuses on a wide range of aspects in regards to family law. She dedicates her time to assisting clients in domestic law matters including divorce, child custody and visitation, family mediation, spousal and child support, property division, and division of retirement benefits. Other matters that fall under her jurisdiction as a family law attorney include tax consequences of divorce, mediation, prenuptial and post-nuptial agreements, negotiating and drafting of separation agreements, domestic litigation, and post-judgment proceedings. Sandy is a member of the American Academy of Matrimonial Lawyers.

Cheryl L. Hepfer

chepfer@offitkurman.com

240.507.1717

Cheryl Hepfer is a highly-regarded attorney who has practiced family law for more than 40 years. She has been rated by her peers and is listed in Best Lawyers in America and as a top lawyer in the Washingtonian, Bethesda Magazine, and Super Lawyers. She is past president of both the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.

Her practice consists primarily of domestic litigation involving significant assets and business interests. She has a wealth of experience in complex cases involving significant assets and property distribution, alimony, child custody and access.  She has significant experience representing owners of businesses and their spouses, and those with significant assets, and works with business valuation experts and forensic accountants to maximize the benefits to her clients.