High Asset | High Net Worth Divorce

Navigating the Complexities of Dividing Valuable Assets and Properties.

Divorces that include equitable division of assets of high value require particularized skill and experience.  Assets subject to division in a divorce include real estate, business interests, retirement accounts, stocks, and shares of mutual funds.  Georgia’s laws provide for fact-finding mechanisms that may be employed by knowledgeable counsel to collect and build evidence as to the value of assets.  Oftentimes high asset divorces require financial forensics to determine the values of marital and separate assets and properties.  Such divorces also require knowledgeable tax advisers to determine tax consequences in equitable division of marital property.  Experienced and knowledgeable counsel is necessary to navigate divorces that include division of assets with high values.

The attorneys at Alford & Burkhart have provided guidance and advocacy to divorce clients with multi-million dollar marital estates.  Based upon our experience, knowledge, and understanding of the law, our attorneys use various techniques to help clients resolve the issues of dividing valuable marital assets.  Oftentimes strategic negotiations and attendance of a mediation prior to a trial can result in a resolution between the parties.  However, other times aggressive representation through litigation and trial is necessary to advocate for and protect our client’s interests in a marital assets.  Our attorneys’ exceptional knowledge and understanding of the legal tools and techniques for resolving divorces helps us form a unique strategy for each client’s case that fits the particular interests of the client, the complexity of the case, and level of opposition to particular issues related to the divorce.

Marital Assets Subject to Division in Divorce:

  • Real Estate

    including the marital residence, secondary homes, undeveloped real estate, vacation properties, and rental properties.

  • Retirement Accounts

    including pensions, military retirement benefits, 401(k)s, and IRAs.

  • Securities

    including stocks, bonds, and shares of mutual funds.

  • Business Interests

    includes equity interests, voting interests, and membership interests in closely held businesses.

  • Valuable Personal Property

    including jewelry, precious metals, vehicles, boats, and other valuable personal property.

  • Life Insurance

    including present value of benefits, future available benefits, and death benefits.

Business Ownership in Divorce

Whether one or both spouses own a business, the business interests (i.e., shares, memberships, and/or equity interests), business assets, and business income may be subject to equitable division in a divorce.  Business ownership presents complicated issues for divorce because businesses and their assets are not easily dividable.  Also, closely-held businesses are often vehicles for clandestine income.  Further complicating division of businesses in divorce, businesses that include other owners (i.e., partners or shareholders) may have contracts and agreements between the owners prohibiting a spouse from acquiring an interest in the business through divorce.

Alford & Burkhart’s practice areas, which include business planning and family law, combine when addressing business ownership in divorce.  The issue of business ownership in divorce requires particularized knowledge and experience in business law, in addition to divorce law, which is not available from or provided by all family law attorneys.

Our Approach to High Asset Divorce

Collection of documentation and other evidence is paramount in high asset divorce.  We employ available legal tools and processes to collect evidence as to the value and ownership of spouses’ assets and properties.  We also tap into our firm’s other resources including financial analysts, accountants, and tax advisers to complete our team when tackling issues related to division of valuable marital assets.  Equitable division of high-value marital assets requires not only calculating, evaluating, and determining current value, but also projecting future values.

Once a marriage’s assets are fully discovered and understood, equitable division of those assets in the best interests of our clients often requires our superior advocacy in negotiations, mediation, and, ultimately, trial.  Our attorneys develop a unique strategy for each client’s case, tailored to protect their interests, including interests in valuable marital and separate assets.

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