Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?
I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively managed our family's assets (mostly in real estate properties). My specific question is on investments that I have since sold and re-invested. Are all those funds considered martial assets to be split 50/50? If so, it would end up being close to 50/50 the total, which sounds overly punitive.
A: The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50. You may want to engage a forensic accountant to help with this. Speak with a local family lawyer for more specific advice.
Ira Markowitz agrees with this answer
A:
Did you have prenuptial agreement?
After you sold the property that you owned prior to the marriage,did you deposit the funds in a joint account or an account you had prior to the marriage ?
You can claim a Special Equity but if the purchase of the real estate property or properties was during marriage it will be considered marital
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