"Not only are most courts restricted to what they can do to value assets, divide assets and consider potential tax effect, but judges have limited time to focus on technical and financial nuances," Marcyan said.
In collaborative, negotiated settlements, parties can apply valuations that a judge may not be permitted to take (e.g., personal goodwill, fair market value, fair value).
With community property distribution, all assets accumulated by the parties during the course of the marriage are considered owned jointly by them.
Special needs trusts ease parent worries "Yet a judge could say you're even," Black noted.
Liquidating assets should be a last resort in most cases, because liquidation creates a taxable event.
The most common considerations include:—L A court may balance a small award of spousal and child support with a greater distribution of assets.
In some states, although not the law, a fair policy provides for one party to be awarded at least one-third of the assets accumulated during the marriage.
Equitable distribution states allow divorce courts a lot of discretion in dividing marital assets in an equitable, or fair, manner.