There are a lot of financial issues to address in your divorce, including the division of personal property and bank and investment accounts, as well as the payment of spousal support. And in California, you may not feel like you have a lot of control over the division of these assets given that our state recognizes community property, meaning that the marital estate should be divided evenly. Yet, there are ways to negotiate a resolution that works for you and your spouse without resorting to the court figuring out how to evenly divide your estate.
While dealing with these purely matters can be incredibly stressful, some individuals are just as concerned with what will happen to items of sentimental value in their divorce. This is understandable given the emotional attachment to these assets, which is why you need a solid plan for how to address them in your marriage dissolution. If you try to improvise your strategy, then you could lose the assets that are most important to you.
How should you handle items of sentimental value in your divorce?
There are several options here, but you have to know how to competently navigate your case if you want to stand a chance of securing the outcome that’s most important to you. Amongst your options are:
- Finding ways to replicate the asset in question: If you’re able to copy or otherwise reproduce the asset in question, then you might have an easy solution, since this will allow you and your spouse to continue enjoying the asset in question even after your divorce is finalized.
- Using other assets as leverage: There’s a chance that your spouse is attached to other assets in your estate. If so, then you might be able to use them as leverage to secure the asset in question. This might take some strategy on your part, since you’ll have to be able to anticipate what it is that your spouse really wants.
- Consider whether splitting the asset is an option: Some marital assets can be divided in a way that makes sense and allows you and your spouse to continue to enjoy it even after your marriage dissolution is finalized. This might include splitting time with the asset or physically dividing it.
- Developing sound legal arguments: Depending on the facts of your case, you might be able to simply argue in court that you deserve the asset in question. You might have to prove wrongdoing on your spouse’s part, but there are ways to craft compelling arguments that may position you for the outcome that you want.
While securing assets of sentimental value may be important to you, don’t let them blind you to the importance of other key assets. For example, you don’t want to give up your interests in retirement accounts to secure an asset of sentimental value, thereby leaving you without the financial stability that you need in the long-term. Also, consider whether you can use items of sentimental value to secure a larger portion of the marital estate, thereby giving you a stronger foundation upon which to build your post-divorce life.
Develop the divorce legal strategy that’s right for you
We know that addressing the various divorce legal issues before you can be stressful. But don’t let the process leave you paralyzed with fear to the point that you miss out on key opportunities to secure the outcome that you want. With proper preparation, you can succeed on in your divorce, building the post-divorce life that you want for yourself. To learn more about how to do that, fully discuss the matter with your attorney.
