Divorces are rarely straightforward processes, but things get even more complicated when one or both spouses are considered high-net-worth. Dividing high-value assets can be difficult, especially when those assets include business property, investment portfolios, employment packages, and other benefits. A Spring high-net-worth divorce lawyer can help you properly evaluate marital assets, determine what assets qualify as separate property, and pursue fair property division.
A high-net-worth divorce involves a marital estate with substantial or complex assets. While many people use arbitrary dollar amounts to determine if a divorce is high net worth, it’s often not so straightforward. In reality, it’s the complexity of asset division that makes a divorce case high-net-worth. Working with an attorney is essential in high-net-worth divorce cases, as it’s easy for spouses to overlook certain assets that should be considered marital property, and it’s hard to properly assign a dollar amount to some assets.
With the median length of marriages that end in divorce being 12 years, it is safe to say many divorces involve a considerable amount of assets. In high-net-worth divorces, these assets can make matters quite complicated. Some assets that complicate high-net-worth divorces include:
Most divorces are complicated, but high-net-worth cases often present unique challenges for spouses and their legal teams. One of the biggest challenges is accurately valuing assets. Business property, stock options, executive compensation, and real estate don’t often have clear values. Your attorney may need to hire a forensic accountant to analyze the assets and determine how much they’re worth.
What’s more, it can be hard to determine which assets are separate and which are marital property. For example, a business that was started prior to marriage but grew afterwards can complicate property division. The same could be said for investment accounts and employee benefits.
Things become even more complicated if a spouse tries to hide assets or mislead the other party about the value of property. That’s why it is essential to work with an experienced high-net-worth divorce lawyer.
With 672,503 divorces reported in 2023, we know how important it is for spouses to have access to legal assistance. Our dedicated team is here to support you throughout your divorce case in Spring, TX. We know the state’s high-net-worth divorce laws, and we can use our knowledge and experience to pursue a fair divorce agreement. We can help you value the marital property, check for hidden assets, negotiate with your spouse for a fair agreement, and represent you in court.
Spousal support in high-net-worth divorces is determined by analyzing the income of both parties, investment portfolios, and the standard of living that the spouses have established. Your attorney may need to enlist the help of a forensic accountant to investigate all assets and revenue streams spouses have.
Assets that cannot be touched in a divorce are called separate assets. These include assets a spouse obtained before marriage, inheritances, and personal gifts a spouse receives. However, if these assets get commingled with marital property, they are no longer considered separate and are fair game for property division. It is important to provide clear documentation that shows which property is separate and which was obtained during the course of marriage.
One of the biggest mistakes you can make during a divorce is lying about or hiding assets. It is considered fraud to hide assets or lie about their value, and getting caught could lead to fines, sanctions, and loss of the asset entirely. Additionally, you could also face criminal charges for perjury, which come with the potential for jail time. Trying to deceive your spouse and the court can result in serious penalties that are not worth it.
Your spouse may be entitled to half of your 401 (k) in a divorce, depending on when contributions were made and growth was accumulated. Any contribution you made before marriage is considered separate property and not subject to property division. The same is true for the account’s growth. However, any contributions or growth after marriage will be divided 50/50, as per state law.
It’s never easy going through a divorce, but matters are often much more complicated and stressful when high-value assets are involved. Hire a high-net-worth divorce lawyer to help you navigate the legal system, protect your rights, and receive fair treatment in your divorce agreement.
It is far too easy to improperly value assets or overlook property acquired or grown during a marriage. That’s why it is wise to work with an experienced Spring high-net-worth divorce attorney.
Contact the Walke-Wilson Firm today to schedule a consultation and discuss your case. Our team can review your financial situation and explain your options going forward.