What You Need to Know About Executive Employment Benefits & Divorce

One of the most complicated issues in a divorce is property distribution. If you are someone who is beginning the divorce process and you wish to protect certain employment benefits, you will need an experienced attorney on your side. Please continue reading and speak with our knowledgeable Los Angeles divorce attorneys to learn more about employment benefits, how they come into play in a divorce, and how we can help you through every step of the legal process ahead. Here are some of the questions you may have:

How do California courts determine property distribution in divorce?

When a couple gets divorced and they cannot agree on the terms of their divorce, their assets often go through the equitable distribution process. The first thing that courts will do in the equitable distribution process is break your assets down into two categories: marital property and separate property. Marital property is defined as property that was accumulated during the course of a marriage. Separate property, on the other hand, is property that was acquired before, or outside of a marriage. In many cases, executive employment benefits are considered marital property. That being said, you should understand that in the equitable distribution process, courts will generally not award both spouses with a 50/50 split. Instead, courts will determine which spouse gets what assets based on what they deem a fair and just distribution of assets. This is why you need an experienced attorney on your side.

How are executive employment benefits distributed in a divorce?

Employment benefits, which include stock options, severance, and also executive comp, are, in many scenarios, considered marital property. For this very reason, you will need experienced legal counsel that is familiar with the various nuances associated with executive employment benefits. Your attorney will have to understand whether your executive employment benefits, such as severance rights, are considered vested or unvested, and what the express terms of rights are, and whether those terms are the result of both spouses’ efforts during the marriage. The bottom line is that employment benefits are very complicated assets to value, and if you are someone with employment benefits on the line, you must reach out to an experienced California divorce attorney immediately, as our firm has the knowledge and skill needed to fight for your hard-earned assets.


Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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