Does Husband US stocks are considered for Alimony/Maintenance discussion while Divorce?

[Desiarav9031]

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Desiarav9031
PARTICIPANT
January 31, 2025 at 5:47 am

Does Husband US stocks are considered for Alimony/Maintenance discussion while Divorce? If yes, what a husband should do to avoid it? Should he sell them before the process?

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[Indianthinker2205]

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Indianthinker2205
PARTICIPANT
January 31, 2025 at 5:56 am

Yes, in India, US stocks owned by the husband can be considered in alimony/maintenance or property division discussions during divorce, depending on the nature of the assets and the specific case.

How US Stocks Are Treated in Indian Divorce Cases:
For Alimony/Maintenance:
Courts assess the husband’s total income and assets (including foreign investments) while determining spousal support.
If US stocks generate dividends or capital gains, they may be included as part of the husband’s financial capacity.

For Asset Division (if applicable):
Under Hindu Marriage Act & Special Marriage Act: There is no automatic “equal division” of assets, but the wife may claim a fair share based on financial dependency.
If the couple was married under Muslim or Christian law: The asset division rules vary, but maintenance can still be influenced by overall wealth.
If US stocks were acquired before marriage or inherited, they may be treated as separate property and not divided.

Selling assets just to avoid them being considered in court can be seen as asset concealment, which may lead to legal consequences.
Indian courts can look into financial records and reverse transactions if they suspect an attempt to hide wealth.
Instead of selling, consult a divorce lawyer to explore legal strategies, such as structured settlements or investments that minimize tax and maintenance burdens.

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[Desiarav9031]

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Desiarav9031
OP
January 31, 2025 at 6:05 am

Thanks that really helps. Just to confirm, the stocks were granted before the marriage so still will be considered?

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[User_ace2a77b]

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User_ace2a77b
PARTICIPANT
January 31, 2025 at 6:25 am

They become a person’s assets at vesting time. So grant date is not going to be relevant logically.

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[Desiarav9031]

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Desiarav9031
OP
January 31, 2025 at 6:32 am

okay, so only vested stocks post marriage will be considered- and vested till the divorce was call out, right? or till the whole divorce process is ended?

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[User_2172e2f2]

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User_2172e2f2
PARTICIPANT
January 31, 2025 at 8:38 am

Gift your share to your parents before divorce. & After the divorce you can sell it or transfer it back

NAL

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[Desiarav9031]

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Desiarav9031
OP
January 31, 2025 at 8:45 am

but i don’t think my parents have an account where i can give US stocks :/

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[User_2172e2f2]

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User_2172e2f2
PARTICIPANT
January 31, 2025 at 8:58 am

How much time will it take to create an account for your parents ?

In Indian stock broker app do it within 2-3 days

Check any of these allow investment in us market or USA made app which allow foreign nationals to invest in us market

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[Desiarav9031]

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Desiarav9031
OP
January 31, 2025 at 8:59 am

Thanks will check

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[User_291f598e]

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User_291f598e
PARTICIPANT
February 1, 2025 at 5:08 am

Bro ind money and interactive brokers are wAy to go.

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[Cleverowl3534]

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Cleverowl3534
PARTICIPANT
January 31, 2025 at 8:51 am

Yes if it is in your name it can be claimed from you, keep it under the name of a parent/sibling/friend or even company name.

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[User_6a085eca]

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User_6a085eca
PARTICIPANT
January 31, 2025 at 9:47 am

ULPT: If you have time then, make a US bank account, take US credit card, and IYKYK.

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[Calmgopal81]

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Calmgopal81
PARTICIPANT
January 31, 2025 at 2:26 pm

could you elaborate

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[User_2d243097]

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User_2d243097
PARTICIPANT
January 31, 2025 at 11:20 am

Bitcoin??

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[User_58a61a94]

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User_58a61a94
PARTICIPANT
January 31, 2025 at 12:17 pm

Yes.

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[User_58a61a94]

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User_58a61a94
PARTICIPANT
January 31, 2025 at 12:17 pm

Make a trust and transfer it out of ur name

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[Calmgopal81]

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Calmgopal81
PARTICIPANT
January 31, 2025 at 2:25 pm

courts know that people do this so they tend to consider the assets records for 3 years before the divorce so unless done before marrying this won’t fly

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[User_41e02bb9]

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User_41e02bb9
PARTICIPANT
January 31, 2025 at 6:18 pm

Is hiding assets to avoid paying alimony legal? what kid of suggestions are these 🙄

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