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High-Asset Divorce

High-Asset Divorce Attorney

Navigating a high-asset divorce demands the expertise of an experienced divorce attorney for the wealthy, skilled in handling significant real estate, investments, and business interests.

At MHPS, our high-net-worth divorce lawyers in Nashville specialize in achieving equitable resolutions, using designed strategies to secure a fair and satisfactory settlement, safeguarding your financial well-being throughout the process.

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Pursuing a High-Asset Divorce in Tennessee

Secure your financial future with our experienced high-asset divorce attorneys, dedicated to delivering fair and comprehensive settlements.

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In what are known as “high-asset” divorces, the stakes are significantly higher, requiring careful evaluation and determination of various complex assets:

  • High-value investments and stocks
  • Joint business ventures
  • Closely held partnerships or businesses
  • Substantial savings, pension, or retirement accounts
  • Significant real property holdings

Navigating a high-asset divorce often involves consulting financial experts to ensure accurate valuations and appraisals of these assets. This addresses a critical concern for spouses in such divorces for achieving an equitable distribution and determining fair alimony settlements.

Separating Assets

Determining whether assets are marital or separate property is crucial for equitable division in a divorce. Separate property typically encompasses inheritances, gifts, or assets one spouse owns before marriage.

On the other hand, marital property refers to assets acquired or earned during the marriage. While these definitions may appear straightforward, the reality is often more complex. For example, separate property can become marital if mixed with joint assets.

Similarly, its classification may change if separate property is invested in a jointly owned business or contributes to one spouse’s education. Understanding these nuances is essential for a fair assessment and division of assets.

Challenges in High-Asset Divorces

High-asset divorces require a detailed examination of significant financial elements, and the emotional factors that play a role in any divorce. Key points of contention often include the validity of prenuptial agreements, determining fair alimony and child support payments, and resolving issues around visitation rights.

Seeking guidance from one of our Nashville high-asset divorce attorneys can lead to a mutually agreeable settlement, avoiding the potential uncertainty of a court decision.

Our attorneys are skilled in:

  • Uncovering hidden assets to ensure a fair division of property
  • Assessing the actual value of businesses for an equitable settlement
  • Determining the market value of financial investments like stocks, bonds, and money market accounts
  • Reviewing property holdings, including vacation homes and rental properties
  • Evaluating retirement accounts to accurately reflect their worth in the settlement
  • Resolving any disputes regarding child support payments, ensuring they are fair and in the best interest of the children

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Business Ownership Transfers

A significant issue in high-asset divorces is the division of ownership in a private business at the time of the divorce settlement. Although it’s uncommon, there are instances where a divorcing couple may choose to continue collaborating in the business. However, it’s more likely one partner will seek to buy out the other’s share.

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When navigating the division of a private business in a high-asset divorce, several critical steps must be taken to ensure a smooth transfer of ownership and protect both parties post-divorce:

  • Secure a release of claims against the business, confirming the ownership transfer is complete and preventing future claims post-divorce.
  • The spouse relinquishing ownership should obtain indemnity to safeguard against potential future litigation related to the business or actions by the other spouse, ensuring they are not held liable for issues arising after the divorce.
  • Ensure the company issues a K-1 tax document to the departing spouse, safeguarding them from responsibility for any taxable income generated by the business in the subsequent tax year.
  • Clearly define and transfer all rights, titles, and interests during the ownership change to ensure no property or assets are inadvertently retained or overlooked.

Issues Facilitating a Buyout

Transferring property in a high-asset divorce typically involves a financial payout, but complications arise when sufficient cash isn’t available for one spouse to buy out the other’s share. In such situations, the departing spouse may retain ownership in the business for a predetermined period until the agreed-upon financial obligation is fulfilled.

Given the complexity of these arrangements, it’s crucial to seek advice from a high-asset divorce attorney. Their expertise ensures that both parties navigate these challenges effectively, safeguarding their financial interests throughout the process.

Seek Legal Guidance in Nashville When Dissolving a Marriage

High-asset divorces often become complicated, and often with complexity comes adversity. Having a strong legal advocate on your side can make a difference in your future. At MHPS, our Nashville divorce attorneys can make the process of going through a high-asset divorce go as smoothly as possible. We work tirelessly to pursue an outcome where our client is satisfied.

If you need help with a high-asset divorce or another family law matter, contact us today to set up an appointment.