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Partnerships, Bonuses, Benefits and Incentives - Understanding Remuneration Structures

It is extremely important that you and your lawyers understand your and your partner’s income, how it is structured, and what it means in terms of “ability to pay/receive” as part of a financial settlement. Understanding the full financial position is key before any consideration can be given to affordability, liquidity and structuring.
 

At Kingsley Napley, our team has a huge amount of experience with complex remuneration structures, particularly in relation to partnerships (usually in the context of law or accountancy firms) and bonuses. We also benefit from working alongside a highly regarded Employment Law team who can assist to provide you with seamless advice..

Increasingly, pay structures can be complex with a myriad of different benefits, often with deferred incentivisation elements and that means that there is no straightforward and reliable number for annual income. It can also lead to complex arguments about what should form part of the “marital pot” to be used in a financial settlement on divorce, where it is important to understand when income was earned or may become available for distribution. Questions may also need to be asked in respect of tax to ensure nothing is owed to or by one party.

Understanding bonuses can also be crucial to achieving a fair financial settlement on divorce. Bonuses have long influenced how divorce settlements are calculated and how payments are made, and are often an incredibly important factor given the proportion of income they represent for many of our clients, combined with their volatility and the associated unpredictability. We have significant experience in these cases and can advise you of the impact on your settlement, not only in relation to quantum but also in terms of structuring a workable payment schedule.

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