Re: How can X equity shares could be included on property division?
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 The property valuation is completely out of date.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?!!! 😏
Re: How can X equity shares could be included on property division?
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.