Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Question:
My wife and I have kept everything financial separated throughout our 2-year marriage. Now, facing divorce, I am wondering how things will be divided. We have no joint accounts of any kind, checking, savings, credit cards, cell phone plan, etc. I have savings (checking, savings, 401K, IRA, stocks, house). She has zero savings and is in debt (acquired prior to marriage). Her credit card debt is close to $2000, and she has a loan against her 401K. She has no other assets except her car and jewelry.
The house is in my name, and I was living in it prior to our marriage. I have 20% equity in house. My wife has never made any payments towards house. Does she have any right to the equity in the house?
I’d also like to know if she has any right to half of my 401K. We were married in 2008, and the value of my 401K is now less than what is was when we married. Does she have rights to half of the gains made in 2009, but none of the losses in 2008? And does the same apply for IRA's?

We’re all in the same boat, sailing on the same stormy sea. “We’ve lost $60,000 in our various accounts,” explained an agitated friend. “When I think about how long and hard we worked to get that money, it just makes me crazy. We’ll never get that money back in our lifetime.” I listened, and I hope genuine compassion showed on my face. The truth is that 2008 will be recorded as one of the worst investment years ever. People everywhere are expressing similar thoughts, and who can blame them?
"Companies tend to outperform other investment vehicles out there."
Money Made Easy host, finance expert Dan Danford, MBA, CRSP, explains some of the reasons that stocks are one of the best investment opportunities available. "Historically putting your money behind corporations has always paid off better simply because if it weren't the people running those companies would just be putting their money in government bonds." Danford explains some of the differences between different kinds of stocks and examines the issue of how different time frames can affect your investments. "Stocks should be considered a long-term strategy." Danford also explains how "dollar cost averaging with index funds" can be a great way to get into the stock market. We know what an important role finances play to divorced dads. Watch the video after the jump.
Question:
I want to know how to value options? I know this is a lot, but it’s driving me crazy. I am a small partner in a financial services firm sold in 2007. I can exercise an option beginning 2012. There is a minimum and maximum price to the option. The minimum and maximum value differential is 4x. So it could be worth a little or worth a lot if the business grows a lot. This is a non-public company and the option value is based on a company revaluation (multiple of EBITDA) in the year I choose to exercise. Since the sale in 2007, our business has fallen off the cliff due to the financial downturn, down 80%. Is it true that a court could decide the asset is worth the minimum and force me today to pay New Jersey half the value now based on a present value calculation? Or would they say - wait until 2012 and New Jersey gets half of whatever it is? Since the option is not a public company and I have to be employed to exercise, is it worth anything today? Am I forced to stay at the firm even if I do not wish to? Any help is much appreciated.
Question: My wife left me with two young children to raise. She owns part of a company and may be having an affair with the owner. They have been fighting giving me the true value of the company, her ownershp percentage, and business numbers. I know she was given a bigger percentage of the company than she admits to. I had a supoena served on them, but the company hired a very large legal firm to fight it which leads me to believe that they are hiding the true value. I offered to make it confidential, but they still are fighting it with a 51 page brief. I am running low on being able to pay legal expenses. I want to prove her company's true value so I can keep the house my children and I are living in. My lawyer said I should try to find points and authorities in opposition, or a case citing it so we can use it in the case. I am getting stuck in not being able to pay for additional help at this point. I have spent a lot of time online, but can't find the right stuff. They keep referring to something like Schnabel vs. Supreme Court in their 51 page nightmare. This is a California case. HELP! Please point me in the right direction. I have two young children and it scares me to death that we may very well lose the roof over our heads soon due to her total lack of care and lack of normal mothering skills. Answer: I am not licensed in California and therefore I cannot answer your question specifically to the laws of that State. I do not understand why you would be searching for legal opinions to support your position. That would typically be the job of your attorney. You can look at findlaw.com for a free service or westlaw.com for a pay service, but it will be difficult for a lay person to find appropriate counter-authorities. If you wife is an owner of a small company you should be able access the books of the company in my jurisdiction. Obviously if she is employed by a company like IBM and just owns stock you would not be allowed to review IBM's accounting records. Regardless if you have a right to review the numbers in my jurisdiction you would need an expert witness (business evaluator) to testify concerning the value of the company and the value of her interest in the company.
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