High Asset Divorce

We employ forensic accountants who specialize in tracing assets and identifying discrepancies in financial disclosures. Techniques include analyzing tax returns for unreported income, reviewing bank and brokerage statements for unexplained transfers, examining business records for undervalued assets or inflated expenses, tracing funds through shell companies or offshore accounts, and deposing the other spouse and their financial advisors. We also use formal discovery tools, including subpoenas to financial institutions, to ensure complete disclosure.

Business valuation is one of the most complex aspects of high asset divorce. We retain qualified business valuation professionals who use multiple methodologies, typically including the income approach (based on future earning capacity), the market approach (based on comparable business sales), and the asset approach (based on the net value of business assets). The appropriate method depends on the type of business, its size, and the purpose of the valuation. We also address issues such as goodwill, minority interest discounts, and the distinction between personal and enterprise goodwill.

Courts classify assets as either marital (subject to division) or separate (not subject to division). Marital property includes assets acquired during the marriage. Separate property includes assets owned before the marriage, gifts, and inheritances. However, separate property can become commingled with marital property through mixing or joint use, making classification disputes common in high asset cases. The court divides marital property either equally (in community property states) or equitably (in equitable distribution states), considering factors such as each spouse's contributions and needs.

High asset divorces typically take longer than average due to the complexity of financial issues. From filing to final judgment, these cases commonly take one to three years, depending on the number and complexity of assets, the level of conflict between the parties, and whether the case settles or goes to trial. Discovery alone can take six months to a year in cases involving extensive business interests or complex financial structures.

We employ several strategies to protect our clients' privacy. These include pursuing resolution through private mediation or collaborative law rather than public court proceedings, requesting that financial documents be filed under seal or subject to protective orders, using confidentiality agreements with experts and support staff, minimizing public court filings, and coordinating with public relations professionals when necessary. In some cases, the parties can agree to keep the terms of the settlement confidential.