Check List of Short Term Financial Issues

Liquid Assets

Bank Accounts

  • How much cash do they have?

  • Do they have enough cash to cover expenses during the divorce?

  • Is the cash earning a reasonable interest rate?

Brokerage Accounts

  • Access to the account: who has the relationship with the institution? Who gets statements? Who has the passwords?

  • Do you need to send a letter requiring both signatures for changes or withdrawals?

  • Is there a concentrated stock position? If so should you get a stipulation to put in place reasonable protections?

  • How is the portfolio structured? Is there too much risk in the portfolio considering the new circumstances?

  • Is the account margined and if so for what purpose?

  • Is there a 10 b 5 plan? Should you terminate status to eliminate the “related party” issue?

  • What are the fees being paid for the account management and are they reasonable?

Illiquid Assets

Real estate

  • Is there a mortgage? What’s the interest rate? Can it be improved to save money?

  • Can the spouse who wants to keep the house afford to keep it and will they be able to refinance the loan?

  • If one party is keeping the house, they should have it appraised and consider also having it inspected as they should view it as if they are buying a new house.

Equity Compensation

  • Are there stock options? Check vesting schedules

  • Are there RSUs? Check vesting schedules

  • Get plan documents

  • Get grant documents

  • Evaluate formula for apportionment.

Limited Partnership interests

  • Get subscription documents

  • Evaluate capital call obligations 

  • Request information be sent to both parties

Venture Capital/Private Equity interests

  • Evaluate capital call obligations

  • Request information be sent to both parties

Hedge funds

  • Determine redemption windows for possible exits to create liquidity

Shares in private companies

  • Founder’s shares

  • QSBS issues 

  • Transfer restriction issues 

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Types of Compensation Agreements

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Various Methods to Case Resolution