[Dottore]

A good friend of mine is going through a bitter divorce in California. A settlement of all assets seems to have been agreed after much grief, but there is one sticking point. He has a "deferred compensation plan" at the company at which he works. This will theoretically be paid out in 10 annual installments after he retires.

She wants half - and he's prepared to give her half - but the company refuses to put the plan in both names as a matter of policy. It has to remain in his name.

He could pay her out in present value - but there's an even chance the company may go under - in which case the deferred compensation plan disappears.

She is unwilling to accept a simple promise on his part to pay.

They are trying to find some sensible way to split this plan up right now - or secure her half interest in it - but have been unable to come up with any formula that works for them both.

They have been massively raped and pillaged by lawyers already - and are reluctant to go back to them again with this last detail.

Does anyone have any experience with this kind of thing? Any meaningful input will be appreciated.