Raleigh Division of Brokerage Accounts Attorneys
Throughout a marriage, couples often accumulate large and very diverse amounts of property: home equity, personal belongings, cars, and other vehicles, even art and antiques. But some of their most valuable assets might be their investments. Brokerage accounts are agreements with a firm, called a broker, that allow for the purchase of stocks, bonds, and other financial instruments. They may be in the name of just one spouse or in the name of both. Over time, these assets appreciate, sometimes becoming many times more valuable than what they were originally worth.
In a divorce, it’s important to come to an agreement about your brokerage accounts in addition to all your other assets. The licensed attorneys of Marshall & Taylor PLLC are specialists in divorce law. We negotiate the best possible terms for our clients, defending their financial interests at every step of the way. Let us handle the legal work. Call our office at 919-833-1040 today or contact us via our website to talk to one of our experienced division of assets attorneys.
Do I Need a Division of Brokerage Accounts Attorney?
In any divorce proceeding, an attorney will be your most valuable counsel for negotiating the best terms of separation. When assets beyond basic savings accounts are involved, cases are more complex, and an attorney becomes even more invaluable. Depending on what the judge decides is equitable separation and depending on how other assets are divided, a brokerage account may remain as the property of one party or be split. Sometimes, the split is 50-50; other times it’s not. Any portion of a brokerage account that is considered separate property (property that’s owned by only one spouse) also comes into play. These intricacies make getting an attorney your wisest course of action. Without an attorney, you may lose valuable accounts that should rightfully have been yours.
Why Choose Marshall & Taylor PLLC for Your Case?
Marshall & Taylor PLLC specializes in divorce and family law, and our team of lawyers is highly experienced. We’ve been practicing in Raleigh and the Wake County area for years, and we have become a trusted name in the business. Jeffrey Marshall, our firm founder, is a board-certified expert in family law, a feat very few lawyers ever accomplish. Our lawyers have been recognized as some of the best in the state, with founder Jeff Marshall being listed among North Carolina’s “Legal Elite” for family law in Business North Carolina Magazine. We help our clients plan for the future and stay financially stable throughout the strenuous process of divorce.
Division of Brokerage Account in North Carolina
Every couple’s financial situation is different, so every divorce case is also. Several factors influence how a brokerage account is split (if it is at all):
- North Carolina is an equitable distribution state, but this doesn’t mean property has to be evenly split. If the parties can’t reach an agreement beforehand, a judge will decide what each spouse will get. After distribution of total value has been determined, there has to be a negotiation about who will get what — whether one party will keep the house and the other investments of equal value or whether both will be sold and the proceeds split.
- Investments held in a brokerage account are subject to different tax rules than other income; if they are held for more than a year, any amount they appreciate is taxed at the lower capital gains tax rate. Their cost basis, which is the purchase price, determines how much that appreciation is. The good news is that in divorces, the IRS allows brokerage accounts to be split without the cost basis or holding period for any investment changing. As a result, divorce shouldn’t reduce the total amount of your brokerage account, unless you liquidate it beforehand.
- Like all other kinds of property and assets, it may be that part of a brokerage account is exempt from the divorce proceedings because it was one spouse’s property before the marriage or because its value was inherited or received as gifts.
Our Raleigh Division of Brokerage Account Attorneys Will Fight for You
The only way to know for sure that your divorce is being handled in the best way possible is to hire an attorney, and the team at Marshall & Taylor PLLC is here to help. Our experience in family and divorce law makes us the best option in Raleigh and Wake County for your divorce. Whether it involves a brokerage account, a home, a priceless antique, or anything else, we’ll negotiate the best terms on your behalf. Call us now at 919-833-1040 or use the live chat on our website to start consulting with a division of assets attorney today.