Divorce: Classifying, Valuing, and Dividing Executive Employment Benefits
Recording of a 90-minute CLE webinar with Q&A
Conducted on Tuesday, July 30, 2013
Recorded event now available
This CLE webinar will provide divorce counsel with a review of equitable distribution and income availability of executive employment benefits, including stock options, severance and executive comp, either upon divorce or for a post-judgment modification. The panel will review valuation methods for distribution and accurate assumptions on marital, pre- and post-marital assets and income.
Description
In a divorce, counsel must understand and value executive comp benefits, such as deferred compensation and severance rights. Are they vested or unvested, what are the express terms of rights, and are they the result of the efforts of both spouses during the marriage?
The practitioner must first determine whether these benefits should be considered a marital asset or income in the context of a divorce or post-judgment litigation. Once that determination is made, the practitioner must be fully versed in the valuing that right.
Counsel faces even more challenges due to the different valuation methods for different types of executive compensation — all of which may be applied depending on the facts of a particular case.
Listen as our panel, comprised of a family law attorney and financial expert, discusses and explains the different types of deferred compensation benefits, the identification, consideration and distribution of these in the matrimonial context, and the appropriate valuation methods for such rights in the divorce and post-divorce context.
Outline
-
Accounting/tax issues
- Overview of employee deferred compensation benefits: stock options, severance and executive compensation
- Valuation issues
- Using puts/calls and collars to eliminate volatility of concentrated stock positions
-
Matrimonial/legal issues
- Benefits as property or a mere expectancy
- Deferred distribution methods
- Present valuation with offset
- Value used for support
-
Distribution
- Determining the marital portion subject to equitable distribution
- Method of distribution of marital portion
- Valuation and offset
-
In-kind distribution
- Transfer of title
- Trust device
-
Deferred compensation and other benefits as income for support
- Previously distributed benefits
- Existing, but undistributed benefits
- Projection of future income
Benefits
The panel will review these and other key questions:
- What is the difference between a vested and unvested stock option?
- What different valuation methods can be applied to value deferred compensation benefits and under what specific circumstances should the different valuation methods be applied?
- When should deferred compensation, severance and executive compensation rights be considered as marital assets subject to equitable distribution and under what circumstances can and/or should these rights be considered income?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Kristi Anderson Wells, Special Counsel
Gutterman Griffiths,
Littleton, Colo.
She brings over 14 years of experience in the areas of taxation, benefits and executive compensation law to the practice of family law. Her practice focuses on the division of executive compensation, retirement assets and stock options in dissolution, the tax aspects of spousal maintenance and property transfers, and valuation issues.
Noah B. Rosenfarb, CPA, Personal CFO/Holistic Wealth Coach
Freedom Wealth Advisors,
Boca Raton, Fla.
He advises family lawyers and their clients on all things related to money and taxes. He is the Managing Director of the firm and offers expert pension evaluation and distribution solutions, and tax projections, planning and preparation.
Recordings
CLE On-Demand - Streaming Audio
Includes recorded streaming audio of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Audio $197.00
Recorded Event
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.
Recorded Webinar Download $197.00
Recorded Audio Download (MP3) $197.00
Webinar
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
CLE Credits
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
Customer Reviews
I appreciated the speakers willingness to share information about issues where there are few outside resources available.
Mary Swayze
Akerman Senterfitt
Good topic, well presented, and very thorough. The speakers clearly knew the subject and gave good insight.
Benson Ward
Drew Eckl & Farnham
I like the convenience of a webinar since I don't have to travel anywhere.
Robin A. Clark
Clark & Glass
I liked the knowledge of the presenter, plus very good Q&A.
Joyce Abamont
Met Life
It was very convenient to be able to participate in this seminar from the office.
Bill Fletcher
Gibson, Deal, Fletcher & Dunham
Family Law Advisory Board
Attorney
The Gitlin Law Firm
Partner
Weber Gallagher Simpson Stapleton Fires & Newby
Founding Partner
Kessler & Solomiany
Paula G. Kirby PLC
Partner
Walzer & Melcher
Partner
Fox Rothschild
Of Counsel
Starr, Gern, Davison & Rubin
Our Guarantee
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.