Hello, my lawyer sent a copy of the Marital balance sheet for me to review. I am $7000 ahead of X but for what I can see, there is not much consistency on the dates they are using to calculate the final numbers. The property value is from Sep20, Mortgage Oct21, vehicles Apr21, Retirement (only the account from his last job but not current) all other accounts have different dates on Sep but not las day of month which I believe should all have the same valuation day, right? My ex has an annual salary of $150000, he pays $3000 for CS and SP. I don't understand how I am $7000 ahead of him. I am unemployed at the moment. Well, I just accepted a temporary part-time job to care for an autistic child and I am studing. X is a big spender so that is why I have more savings than him now...
The other issue with the dates is, he filed a Motion for De Facto Termination Date. Specifically, he is asking that the court use January 28, 2021 to value all assets rather than the final hearing date. The lawyer says that "while they meet some of the factors required to have their motion granted, there are other factors they do not meet. Further, if they are wanting to split the equity in the house as of today, then a de facto date would not be equitable".

A few days ago I was surprised with a message from his original other wowan (he has a new one now) with interesting information regarding money X will be receiving in January.

Here it goes...

"Hello,
I’m not sure if X still works at X. But if he does, are you aware that he is receiving a large sum of money in the form of equity shares on his one year work anniversary (in January)? He told me several times that he wished you would hurry and settle the divorce so that it didn’t go into next year, preventing him from having to give you half of the shares. Maybe you are already aware, but I wanted to make sure so you could get what you are entitled to. I debated for a while about whether or not I should reach out to let you know.

X is a very manipulative, controlling, and emotionally abusive person. I experienced much of this from him. His refusal to take any accountability or show any remorse for his behavior and actions causes a lot of pain. I can only imagine the amount of pain he has caused you and your children in your many years together. Giving you this information felt like something I could do to help in a small way. I hope my reaching out to you does not cause you any distress."

I forwarded this message to my lawyer asking her if we should call her to testify but her answer does not satisfy me. Here is what she wrote "As it relates to stock, it is not fully owned until vested; thus, X won’t own the stock until his one-year work anniversary – which would be at least in January as he did not receive a W2 from his current employer for 2020. Even if the court does not grant X’s request to use January 2021 as your de facto termination of marriage date, by default it would instead use the final hearing date: December 13, 2021. So, regardless of which date is used, because X’s stock will not vest until January 2022, it will be considered his separate property. Additionally, I highly doubt the court will grant us a continuance if we attempt to push the final hearing date into 2022. Your case was initially filed in September 2020, meaning you are quickly approaching the 18-month deadline. That “deadline” for the court means that it is to issue a final decision by March 2022. Since it generally takes several months after trial for a decision to be issued, the court will likely not want to move your current trial date."

I am in Ohio, is there anything that can be done to request the judge to include his equity shares on our property division?

I will appreciate your advice. Thanks!

Hi, I’m not a lawyer, but surely, if he knows he’s going to get shares and this is in writing (quantity/company name etc), they can calculate a value based on the current market value. When I started reading your post, I began thinking ‘thus guy and his lawyer sound to be trying to manipulate dates-why might they try to do that? And I began to wonder if he had advance notice of a windfall coming! So I was not surprised to read further down in your post that that’s what’s going to happen!

Just like with inheritances-the future potential of whether a spouse can claim part of a future anticipated asset , depends on the law in the jurisdiction in which you reside. Basically, it sounds as if your lawyer is saying, because he won’t own the shares as at the time of the hearing-they can’t be added into the asset pool the court will look at re: dividing things up between you. But surely, if there’s written evidence of a windfall of shares he’s going to be given-that has to be considered/taken into account? He stands to gain financially.

All figures/values need to be current. He needs to provide his current retirement account balance from his current job (as well as any former employment he’s had). The court can subpoena documents if it wants to see them when he hasn’t provided a key document. The property valuation is completely out of date. Get a realtor to give you a new one-in fact, get 2 or 3 - don’t trust you ex or his lawyer. They read as if they’re trying to stiff you by undervaluing everything. There’s no way you should be $7k in advance of him either. They’re clearly trying to down-play his net worth, whilst over-estimating yours!

He needs to show:

His savings account balances
Pension balances
Shares he owns
Property he owns-including cars, boats, motorbikes etc
The value of his business (if he is self-employed)
Any book royalties
Bank balances
The value of jewellery/watches/antiques/paintings etc
His current income.

What’s your current and future income-earning potential compared to his?

Can you claim spousal maintenance from him?

You have until April don’t you re: 18 months timeframe? That’s another 5 months away, if so. Almost half a year. Ask your lawyer to stop speaking in confusing Kesha less and explain to you in plain, simple layman’s terms how she’s supporting you to get an equitable (fair) settlement. Make her work for her money! Don’t worry she **** from her. So many lawyers are egotistic bullies. She’s working for YOU; not the other way round. How is she protecting your interests? Ask her.

Don’t get steamrollered into accepting less than you can get, if she can’t be bothered to fight for your rights. If she’s not interested-can you maybe change lawyer? I’m not sure if that might incur a cost or not.

You ex and his lawyer are clearly not ‘fighting’ fairly.

Marriage is about love. Divorce is about money and setting yourself up for a positive future. Where will you live? How will afford to keep yourself? What retirement fund money do you have? What cash? What medical cover? What employment prospects (compared to his)?

If you don’t accept the date he’s saying that your de-facto relationship ended-then challenge it! Why is he saying January 28th this year? Is that correct? Did he receive a wage increase/a promotion after this date?! What’s he up to?!!! 😏

Thank you very much for your extensive reply. I have been a stay at home mom for the past 12 years so I don't have any retirement account, etc. He was ordered to pay corresponding CS and SP. I am currently studying and seeking employment, not easy given that I only had 3 years of working experience in the United States. I am originally from Argentina.
I am emailing my lawyer but also trying to see if I can change her.

Thanks for your help ❤🙏