Complex Property Arrangements

Our attorneys often say the largest and most complex business deal most people will ever be involved in is a divorce. Our clients are constantly amazed at the amount of money in dispute in their divorce. Even clients who live modestly may divide a net worth of several million dollars when they take into consideration the value of homes, retirement accounts and closely held businesses.

Many family law attorneys can handle divorces involving small estates. But few lawyers and law firms have the experience, knowledge and resources required to successfully handle complex property issues. The attorneys of KoonsFuller work closely with experts in real estate, business valuation and appraisal to determine what property is worth and to secure a just division. When necessary our attorneys can put together a team of experts in other areas such as personal finance, wealth management, taxation and business valuation.

Here are some of the assets that can come into play during a complex divorce proceeding:

• Real estate: residential, commercial, farm and ranch

• Oil and gas royalties and other mineral interests

• Employer benefits and retirement plans

• Stock options

• Inheritances

• Separate property characterization and tracing

• Deferred compensation plans

• Economic contribution and reimbursement claims

• Insurance issues

• Intellectual property issues, copyrights and patents

Qualified Domestic Relations Order (QDRO)

A QDRO is one of the primary tools used to partition retirement benefits. It divides employee benefits earned by a “participant” at his or her job, and shows what percentage or amount is awarded to an ¡alternate payee¢ (spouse, former spouse, child, or other dependent).

Drafting a QDRO is a complex and technical process that must navigate a variety of complicated rules and regulations. The requirements differ greatly for corporations, teacher retirements, local, state and federal government plans, and military plans. In addition, Defined Contribution Plans, such as 401(k) Plans, and Defined Benefit Plans, such as pension plans, each have different and complex drafting requirements.

The attorneys of KoonsFuller are well known for our experience and skill in dividing retirement and employee benefits in ways that benefit our clients.

Characterizing Separate and Community Property

Texas has two general categories of property; community property and separate property. Separate property is property acquired prior to marriage, or during marriage by gift, inheritance, or from personal injury recovery. Community property is all property acquired during the marriage, except for separate property. It is extremely important that property is properly characterized prior to a divorce proceeding, because the only property that a court can divide at the time of divorce is community property.

All property possessed by either spouse during, or on dissolution of marriage, is presumed to be community property, unless it is proven to be separate property. The burden of proof rests on the spouse who wishes to declare the property separate. That spouse must establish with clear and convincing evidence that a particular item is separate property, and not community property.

Under Texas law, a court shall order a division of the community assets and liabilities in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Once property is established with the Court as separate property, it will not be subject to division in the divorce.

KoonsFuller attorneys have many years of experience in characterization and tracing of separate property assets. We have successfully rebutted the community property presumption and established separate property characterizations for our clients on many occasions.