Property and Debt: How the Division of Assets in Divorce Works

Laura E. Shapiro - July 9, 2020

In Colorado, nearly 9% of marriages end in divorce (this is slightly higher than the national average divorce rate of 7.7%).

If you are considering a divorce or in the process of divorcing your spouse, you may be wondering how your assets will be divided.

This is often one of the most contentious parts of divorce and ultimately, who gets what depends on several different factors.

Read on to learn more about how the courts determine the division of assets in divorce.

How Do I Value and Divide Stocks for a Divorce?

Laura E. Shapiro - July 27, 2019

It is rarely a straightforward process to value and divide stocks for a divorce.
Even when it seems like it should be on the surface, there are often hurdles you must clear.

Before you agree to a division during settlement talks, you should discuss your options with a Denver divorce attorney familiar with high-asset and complex divorces.

In some cases, your attorney will recommend a forensic accountant. A forensic accountant will ensure you know about all assets in your spouse’s name.

They can also handle tasks such as valuing stocks and stock options and explaining your best options for getting the fair division you deserve.

Do You Need a Property Appraiser for Your Divorce?

Laura E. Shapiro - July 27, 2019

A property appraiser can make a difference in your divorce. The marital home and any other real property may be components of the marital estate.

In many cases, the family home is the largest joint asset to deal with during a divorce. Knowing exactly how much it is worth is important.

A property appraisal can cost several hundred dollars, but it is worth it in the end to ensure fair division in negotiations, mediation, or court.

How to Divide Motor Vehicles in a Divorce

Laura E. Shapiro - March 6, 2019

If you and your spouse have collected valuable cars throughout your marriage, it may be difficult to divide them in your divorce.

It is our experience that a property division lawyer can help couples with significant vehicle assets. Read on to learn more about how to divide motor vehicles in a divorce.

Dividing Rental Property During a Divorce

Laura E. Shapiro - December 5, 2018

If you and your spouse acquire rental property during the marriage, then it is considered marital property regardless of how the property is titled.

If divorce ensues, you and your spouse have several options for dividing your rental property.

How to Value a Business for a Divorce

Laura E. Shapiro - December 4, 2018

While there are several ways to approach valuing a business during a Denver divorce, we leave this to experts who regularly appraise businesses for divorce or sale.

We have trusted appraisers and experts we enlist when necessary to put a fair value on your business.

They help us understand what impacts the total value of a business and explain any industry-specific factors we should know about.

How Does Divorce Affect 529 College Savings Plans?

Laura E. Shapiro - October 31, 2018

When you and your spouse set up a 529 College Savings Plan, you probably thought it would be a great way to help your child handle expensive college costs.

After all, the tax-deferred savings plan would help take some of the financial pressure off you—and your child—when it came time for her to go to college.

Your child could focus on studying instead of worrying where the money would come from for next semester’s tuition.

Unfortunately, you were not able to foresee a divorce that could potentially affect contributions to the 529 savings plan.

Valuing Collectibles & Antiques for a Divorce

Laura E. Shapiro - October 25, 2018

Dividing marital property can bring a great deal of stress to couples going through a divorce. The stress intensifies when it comes to valuing collectibles and antiques for purposes of a divorce.

You and your spouse have a right to the antiques and collectibles purchased during your marriage.

If you both agree on how to divide antiques or collectibles, this process can be relatively straightforward. This is often not the case, however, and disagreements can be complicated regarding these kinds of assets.

What Happens to My Stock Options During Divorce?

Laura E. Shapiro - October 22, 2018

Stock options are a confusing concept for many people. Often those who hold this type of asset assume they are worthless,

but this could be a mistake.

When considering the full picture of your family’s assets, it is imperative that we gain an understanding as to the true value of stock options and other similar benefits. A judge could require that you appraise these options, or could divide them in kind.

What Happens to a Mortgage During Divorce?

Laura E. Shapiro - September 26, 2018

You will need to continue paying your mortgage during divorce proceedings, at least until you know the final decision and who will gain possession of the home.

You may be able to get temporary orders for possession of the house, and even financial support to help you make the mortgage payment if you are living there with your children but cannot make the payment.

If neither you nor your spouse can make the payment on your own, you may need to consider agreeing to sell the house.

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