Wed, Nov 29|
Starmount Forest Country Club
2023 Annual Fall Training Event for Attorneys, Mediators, and Negotiators
4.5 CLE's, 3 Topics, 1 Day!
Time & Location
Nov 29, 2023, 9:30 AM – 3:30 PM EST
Starmount Forest Country Club, 1 Sam Snead Dr, Greensboro, NC 27410, USA
About the event
4.5 CLE Day. 2023 Annual Fall Training Event.
1: Negotiating and Mediating Executive Compensation in a Case Settlement
This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of the myriad of types of executive compensation and how to address them when negotiating or mediating a divorce settlement. From phantom stock awards to a rabbi trust, executive compensation is not well understood even by the most experienced practitioner due to the variety of compensation methods, lack of mandatory corporate reporting on certain compensation methods, non-transferability of some compensation methods, and the inherent reluctance of clients to disclose. This class will sharpen your negotiation and mediation skills by providing you essential knowledge of:
· Negotiating executive compensation as part of an overall case settlement.
· Types of current compensation
· Understanding incentive compensation plans
o Short term incentive compensation Plans
o Long term incentive compensation plans
o Contingent long term performance awards
· Stock based incentive compensation plans
· Cash based incentive compensation plans
· Other forms of compensation
· At risk vs not at-risk compensation.
· Deferred compensation plans
· Retirement plans
o Qualified Plans
o Non-qualified plans
o Defined benefit plans
o Defined contribution plans
o Negotiating and dividing DB and DC plans
o Dividing a non-qualified plan that doesn’t permit division.
· Dodd Frank Act claw backs
· Fringe Benefits
2: Assets, Taxes and Divorce
This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of how to negotiate and mediate important tax issues in a divorce settlement cases, including uncovering undisclosed assets and income, apportioning dependent tax deductions and credits, limitations on transferring assets incident to divorce, real estate capital gains including special situations such as having rented or AirBNB’ed property, and implications of moving out of the marital home without a written agreement. Topics covered will include:
· Important tax related items to assign or share in the mediation process.
· Mistakes that can be made if not shared or assigned appropriately.
· Discovering assets; “Reading between the lines” on tax and financial documents
· Ways that some spouses may try to present lower incomes and assets, whether it is a tax return, small business financial statement or even a financial affidavit form filled out for the court showing income and expenses.
· Ways to discover what the other spouse is really worth.
· Handling child/dependent tax deductions after divorce.
· The six-year rule on transferring assets incident to divorce.
· Tax implications for the spouses based on their income brackets
· Real property and the effect that divorce has on capital gains
o General rule relating to tax (capital gain) exemption on sale
Capital gains in specific situations impacting a divorce settlement
o Home has been used as a rental or AirBNB.
o When one spouse moves in, what happens on capital gains exemption on sale.
o 2 of last 5-year rule
o Reduction of exclusion rule and calculation.
o Depreciation recapture.
o Home has appreciated sufficiently to have tax due.
o Divorce exception to 2 of last 5 year rule
o What if one spouse moves out, without a written agreement.
o What if one spouse moves out, with written agreement.
o What the divorce settlement agreement must say about the home
o Sale after long separation
o Only one spouse has lived there 2 of last 5 years, but still filing jointly.
o Only one spouse has lived there 2 of last 5 years, and filing separately.
3. Strategies For Dealing With Real Estate Financing
Whether mediating a collaborative divorce settlement or restructuring a real estate portfolio, there are real concerns and financing strategies involving your client’s current real estate, ability to buy one spouse out or structuring maintenance in order for the receiving spouse to qualify for a new mortgage. This continuing legal education seminar is designed to provide attorneys and mediators with an in-depth understanding of the keys to making sure your clients are well positioned for their new lives after divorce. Peace for your client comes from knowing how to set them up for success. This class covers various financing strategies and hurdles facing qualified income sources, marital debt and the disposition of the marital home. This is a great class and covers a lot of information not typically taken into consideration. This program will:
· Provide you with an understanding of the implications and challenges of how a divorce settlement agreement involving real estate, spousal support, child support, etc. are affected by the financial challenges and requirements as related to mortgage financing and tax law.
· You will learn how to settle divorce cases with real estate & mortgage financing faster and how to reduce common hurdles for clients needing mortgage financing post-decree.
· How to avoid common issues post-decree when real estate is present;
· Understanding various financing strategies and financing impediments in divorce settlements.
· Strategies for establishing income sources to qualify for obtaining or refinancing a mortgage, the impact of marital debt on the loan approval, and ultimately options for the disposition of the marital home.
Check in & networking
1 hour 30 minutes
Seminar 1. Assets, Taxes, and Divorce: Issues and SolutionsMain Room
Member Ticket$40.00Sale ended
Non/New Member Ticket & Join
Mediation Training. Lunch at Starmount Forest Country Club is included in the ticket price. Price includes 2024 membership in the NC Mediator Association.$85.00Sale ended