In today’s employment market, there are many forms of compensation. While this is not an issue most of the time, during a divorce, different forms of compensation can affect the property division negotiations. Florida residents who are preparing to file for a dissolution may benefit from reviewing all of their assets.
For those who earn a straight salary, the division of marital assets will likely be fairly simple. Those whose pay includes non-traditional forms of compensation may need to time their divorce filing carefully, or ensure that the terms for dividing assets will not lead to some assets being over-valued. Some payments that may need careful consideration are bonuses that include a “claw-back” provision. These are bonuses paid upon employment but which could be subject to repayment if one loses employment due to under-performance or other employee-performance reasons. When these bonuses are counted as marital assets, there may need to be provisions that will ensure a spouse will also have to re-pay his or her portion of these monies.
Two other payments that can affect property division are year-end bonuses and commissions. If a year-end bonus is included in marital assets, it is important that this compensation is not double-counted when it comes to calculating support payments. If commissions are part of one’s pay, then it may be important to stipulate whether these payments were received before or after a divorce filing. If after, it may be argued that they are separate assets. Other forms of payment that may have a bearing on negotiations are stock options, new job bonuses and other perks that may be counted as marital assets.
If one is in a position to determine his or her own salary, it is important that salary meets the going market rates. During a divorce, the property division negotiations may significantly impact future financial stability. In order to arrive at the best settlement, Florida residents may wish to consult with an experienced family law attorney.
