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Executive compensation in Chicago divorce

On Behalf of | Mar 3, 2023 | Divorce

Chicago is home to many successful executives and business leaders. However, when it comes to divorce, high-net-worth individuals can face unique challenges, especially when it comes to executive compensation.

The complexity of dividing executive compensation

Executive compensation can include various payment types, such as bonuses and stock options. It may also include deferred compensation. When a high net worth individual goes through a divorce, these types of payment can become a significant source of contention between the parties involved.

In some cases, executive compensation may be subject to division in a divorce settlement. However, dividing executive compensation can be complex, and the division should be fair and equitable.

One key issue that can arise when dividing executive compensation is determining the value of the compensation. For example, suppose an executive has stock options. In that case, the value of those options may be challenging to determine. It may depend on several factors, such as the current value of the company’s stock and the executive’s employment status.

Another issue that can arise is determining when the compensation will be earned. For example, if an executive has deferred compensation, the compensation may have been gained in a previous year but only paid out later. In this case, it may be deemed necessary to determine the specific earning date of the compensation to divide it in a divorce settlement properly.

Tax implications and dividing executive compensation

In addition, tax implications can also be a factor when dividing executive compensation in a divorce settlement. Depending on the type of compensation, there may be different tax consequences associated with dividing the compensation, which can impact the overall value of the settlement.

Considering other assets in high net worth divorces

It’s worth noting that executive compensation is not the only type of asset that can complicate the divorce process for high-net-worth individuals. Other assets, such as real estate, investments, and retirement accounts, may require careful consideration and division during divorce. However, with the right tools and guidance, individuals can navigate the complexities of divorce and protect their monetary interests.