Issues and Considerations in High Asset Divorce

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Divorce is never easy and is often an emotionally trying time for all involved. But for those couples with high assets, the prospect of a high-asset divorce can be especially daunting and complex. Not only do these divorcing couples have to deal with the emotional distress that comes with ending a marriage, but they must also grapple with the complicated legal, financial, and tax implications of a high-asset divorce. This blog post will explore the unique issues faced by those going through a high-asset divorce and provide advice on how to navigate the process.

Property Division May Be Complex

High-asset divorces can be far more complicated than traditional divorces due to the presence of numerous complex assets to be divided. Property division in these cases can be especially complicated and require legal guidance to ensure that both parties are treated fairly. Complex assets such as real estate, businesses, investments, and retirement accounts must be identified and valued accurately. Additionally, liabilities such as debt and taxes must also be taken into consideration. Even common assets such as cars, furniture, and personal items can be difficult to divide as they often have sentimental value. The division of property in a high-asset divorce can be both complicated and time-consuming.

In order to ensure that the division of property is fair and equitable for both parties involved, it is important to secure the services of a qualified attorney. An experienced attorney can provide legal guidance regarding the division of property and ensure that the process runs smoothly. With their help, both parties can have peace of mind that the division of property is fair and equitable.

Forensic accounting may be needed.

High-asset divorce property division can be a complex and lengthy process. It involves a detailed appraisal and division of assets, including investments, businesses, and real estate. Forensic accounting may be necessary in order to track down hidden assets or to ensure that all assets are properly disclosed. The division of high-net-worth assets is often a contentious issue and requires a thorough review of financial records in order to ensure a fair and equitable division of assets. The court may also order a separate evaluation and division of certain assets, such as retirement accounts, and might also consider tax implications when making a final decision. In the end, it is important that all parties receive a fair and equitable division of assets in order to ensure a successful divorce. 

Tax Advisors may be necessary.

Other professionals such as tax advisors may be necessary to use.

Additionally, if there are any businesses involved, the process may be even more complex. In these cases, additional professionals such as tax advisors may be necessary to ensure that the property is divided fairly and in accordance with the law.

Business Evaluation

If you have a business, it’s going to be important to have a business evaluation.  In a business evaluation an accountant or other professional reviews the assets of the business, liabilities, and income to determine its overall value. This is a crucial part of the process in high-asset divorce because the value of the business assets needs to be accurately determined in order to determine how they should be divided. A business evaluation may also be necessary to determine the value of certain assets, such as stocks and bonds so that their fair market value can be established for the purposes of equitable distribution. Complex tax laws and other financial considerations may also need to be taken into account when dividing assets in a high-asset divorce. It’s important to have a skilled attorney to make sure that the process is handled properly and that all assets are accurately accounted for.

If the business is a closely held business, there are additional considerations.

In some cases, the business is a closely-held business, meaning that it is owned by one or two people. This can complicate the division of assets because the business could be viewed as a marital asset, making it subject to division. When this happens, the court may need to consider the value of the business, the contribution of each spouse to the business, the debt associated with the business, and any other factors that could affect the value of the business. The court will then use this information to decide how to divide the asset in a fair and equitable manner.

If there are shares at issue, the court has to determine the value of the shares.

The court may need to consider various factors such as the current market value of the shares, the dividend payments received, and the expected future profits from the shares. The court will also need to consider any tax implications of the division of these assets. In some cases, the court may need to appoint an expert to determine the value of the shares. This can be a costly process, and the court may need to order one spouse to pay the other’s legal fees associated with the valuation process. Ultimately, the court’s goal is to divide marital assets in a fair and equitable manner.

In summary, you want your attorney to be well-versed in the above issues and have experience in dealing with complex divorces.  Don’t leave these complex issues to a novice. Preparation and research are often what is needed in a high-asset case and this can cause the divorce costs and expert witnesses fees will be much higher.


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