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Top Areas of Conflict in a High Net Worth Divorce

File Folder Labeled as Assets in Multicolor Archive.

Asset identification and valuation, business assets, child support and spousal maintenance, nuptial agreements, taxes, and privacy are key conflict areas involved in a high asset divorce. High-value divorces are frequently aggressively contested and can be more difficult to litigate because the parties involved usually share substantial financial assets, investments, business assets, and multiple properties. Wealthy couples facing a divorce must work with a competent divorce attorney to safeguard their interests.

File Folder Labeled as Assets in Multicolor Archive.

Asset Identification and Valuation

Identification and valuation of assets is a key conflict area in almost every high net worth divorce. The reason for conflict is that before assets are divided between the divorcing parties, they must first be identified and valued. Some separate assets may be deemed marital property due to their amount of appreciation.

Business Assets

Business assets are a fundamental part of marital property in many high-value divorce cases. These assets take the form of proprietorship, shares, or other business interests. All business assets must be identified and valued to ensure accurate valuation of the marital estate.

Child Support & Spousal Maintenance

Child support and spousal maintenance are usually important and contentious matters that require skillful negotiation, especially in a high asset divorce. Determining, presenting, and clearly defining the justifiable needs of the dependent party is important. Prioritizing the child’s best interests when making child support and custody decisions is also crucial.

Pre- and Post-Nuptials

While nuptial contracts cannot resolve any child issues, they are legally binding agreements between the involved parties that provide a formula for marital estate division in a divorce. Wealthy couples facing divorce may contest any pre-nuptial agreement or fiercely push for its enforcement with the help of an attorney.

Taxes

Some of the divorce-related financial transactions will be subject to tax. Things like business properties, real estate, benefit plans, and spousal maintenance may have tax consequences. A high asset divorce attorney can explain to a divorcing party how different payment structures affect tax and how to modify the structure properly to promote and safeguard his or her best interests.

Privacy and Confidentiality

A high asset divorce is more likely to go public compared to an ordinary divorce case. The reason for this is that wealthy individuals and prominent personalities can be deemed public figures that are frequently reported on, and their divorce proceedings may attract journalists. A divorce attorney can help a divorce party implement appropriate strategies to reduce unnecessary attention and protect his or her privacy.

Uncontested divorce lawyer Denise Erlich is passionate about helping divorcing couples in the greater Chicagoland area transition to their new life as seamlessly as possible. Ms. Erlich patiently guides her clients through every step of the divorce process and provides clients with candid advice about their case and legal options, so they can make informed decisions about their future.

Years of Experience: More than 20 years
Illinois Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association U.S. District Court, Northern District of Illinois
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