How to Prepare Yourself for a High Asset Divorce

High asset divorces require careful planning and strategic decision-making to ensure a fair and equitable division of wealth. This article will guide you through what steps you can take to ready yourself for yourhigh asset divorce.

Preparing for a High Asset Divorce

Here are seven steps you can take to get organized for your high asset divorce:

1. Obtain Qualified Legal Representation

The first step in preparing for a high asset divorce is securing experienced legal representation. A lawyer who specializes in high asset divorces will understand the complexities involved and can guide you through the process effectively.

More importantly, a high asset divorce attorney can connect you with experts needed for your case. From forensic accountants to private investigators, estate planning attorneys, and investment managers, they can help you have a comprehensive of the financial landscape of your case.

High asset divorce attorneys can also have negotiation skills that are honed to advocate for their clients' best interests, securing favorable settlements. or effectively presenting arguments in court. Beyond asset division, they address spousal support, child custody, and tax consequences, guiding clients through every aspect of the legal process with sensitivity and strategic foresight. With a high-asset divorce attorney by your side, you gain a knowledgeable and assertive advocate who strives to achieve a resolution that safeguards your financial future and well-being.

2. Complete Asset Identification & Valuation

Identify all marital assets and their value. This includes tangible assets like houses, cars, and jewelry, as well as intangible assets like stocks, business ownership, and retirement funds. Professional appraisers can provide accurate valuations.

3. Assemble Documentation

In high-asset divorces, meticulous documentation assembly is paramount. These cases involve complex financial landscapes, demanding accurate disclosure of all assets, liabilities, and income streams. Gathering crucial documents promotes transparency and facilitates an equitable settlement.

Withholding or neglecting documentation can invite suspicion, protracted legal battles, and potentially unfavorable court decisions. Assembling documents early demonstrates good faith, streamlines the process, and empowers your attorney to effectively advocate for your best interests.

Below, we outline what types of documents you should assemble. However, please note that you should talk with your attorney about what specific documents you will need for your case.

Financial Documents:

• Income and employment documents:
  • Paystubs from the past six or so months (for all jobs)
  • W-2s from the past three years
  • Tax returns from the past three to five years (personal and business)
  • Profit and loss statements from the past three to five years (for businesses)
  • 1099s from the past three to five years
• Asset documents:
  • Bank statements, including checking, savings, and money market accounts
  • Investment accounts, including brokerage and retirement accounts
  • Real estate deeds and titles for all properties, regardless of ownership status
  • Vehicle titles and registration for all owned vehicles
  • Appraisals that have been conducted recently for valuable assets (art, jewelry, collectibles)
  • Life insurance policies and their beneficiary information
  • Business valuations (that have been conducted by a professional)
• Debt-related documents:
  • Credit card statements
  • Loan agreements, including those for mortgages, car loans, credit card statements, etc.

Legal Documents:

• Prenuptial or postnuptial agreements (if applicable)
• Trust documents
• Retirement account statements (i.e. 401(k), IRAs, pension plans)

You should also collect documents that establish the following:

• Your monthly expenses
• Records of gifts or inheritances you have received
• Contributions made to your spouse’s businesses or separate assets

A Quick Note on Prenuptial Agreements

If a prenuptial agreement exists, it can significantly influence the divorce proceedings. Ensure your lawyer reviews the agreement to understand its impact on asset division.

4. Conduct a Lifestyle Analysis

A lifestyle is a comprehensive financial assessment conducted during the divorce process, particularly in high-asset divorce cases. It involves a deep dive into the financial habits, spending patterns, and overall lifestyle of each spouse.

A lifestyle analysis doesn't just tally up expenses; it digs deeper. It seeks to answer questions such as, "Were the expenditures justified?" or "Was the spending due to one spouse's personal habits?". Doing so provides a clear picture of the couple's monetary habits, spending, and budgeting over a specific period, usually during the marriage.

In high asset divorce cases, the stakes are significantly higher. The distribution of assets, determination of alimony, and even child support payments can be heavily influenced by the information revealed through a lifestyle analysis. This analysis becomes crucial to ensure a fair and equitable settlement.

The primary purpose of a lifestyle analysis is to gain a deep understanding of individual spending habits and expenses, which is essential in determining reasonable alimony payment amounts. Without this analysis, one party may end up paying more than necessary, or the other may receive less than what they rightfully deserve.

5. Consider Child Custody & Support

In high asset divorces, considerations around child custody and support are of paramount importance. A child's well-being should always be the central focus, and financial considerations play a significant role in maintaining their standard of living post-divorce.

Child custody arrangements can have a direct impact on the child's lifestyle. The parent with primary custody may need to maintain a residence that can accommodate the child, necessitating access to a higher portion of the couple's assets.

Also, child support payments must be adequately factored into the divorce settlement. In high asset situations, these payments often exceed basic living expenses and are designed to ensure the child continues to benefit from the wealth of both parents. This could include costs for private education, extracurricular activities, healthcare, and other aspects necessary for the child's development.

The financial implications of child custody and support often extend well beyond the initial settlement. For instance, provisions for college expenses or potential future needs should be considered and negotiated upfront.

6. Take Steps to Protect Assets from Concealment

It is not uncommon for spouses to attempt to hide or misrepresent their wealth in an effort to influence the division of property. To safeguard your interests, it's essential to engage an experienced legal professional who can conduct a thorough investigation into all potential assets.

This may involve forensic accountants to trace and assess complex financial arrangements, including offshore accounts, trusts, business interests, and real estate investments. Additionally, legal measures such as court orders and injunctions can be used to prevent the disposal or transfer of assets during the divorce proceedings.

7. Don’t Underestimate the Emotional Toll

In high-asset divorces, the complexities of dividing wealth can easily dominate the process. However, prioritizing emotional well-being alongside financial concerns is essential. While valuations and legal strategies hold weight, neglecting the emotional impact of divorce carries significant risks.

Divorce inherently upends lives, triggering a spectrum of difficult emotions. Overlooking these internal struggles can cloud judgment, hinder communication, and ultimately impede both emotional and financial healing.

Unprocessed grief, anger, and fear can manifest in ways that compromise decision-making and long-term well-being, impacting not only individuals but potentially children and loved ones as well. Thus, an important aspect of preparing for your high asset divorce is taking time to understand and address the emotional impact a divorce can have on you.

Involved in a high asset divorce? Contact Dale L. Bernstein, Chartered Law Officeonline or via phone at (727) 312-1112.