Helping You Protect Your Complex Financial Estate During Your Divorce
One of the most contentious aspects of a divorce is the division of assets and property. For individuals with complex assets or a high net worth, the property division process can be even more overwhelming.
At Leigh K. Galyon, APC in San Diego, our attorneys have over 25 years of experience helping clients navigate California’s property division process. You can trust us to utilize analytical thinking and innovative legal strategies to help negotiate your high-asset divorce, entailing complex financial estates.
What Are The Types Of Complex Financial Assets In A Marriage?
In general, a high net worth divorce is one that involves a significant amount of property or assets amounting to $1 million or more. Complex financial assets subject to property division in a divorce typically encompass unique or high-value assets such as multiple properties, stocks and art or jewelry.
Some examples of complex assets and estates involved in a high-asset property division case are:
- Vacation homes
- Real estate
- Jewelry, antiques and artwork
- Investment property
- International property
- Intellectual property
- Stocks
- Retirement benefits and pensions
In many marriages involving complex assets, spouses might already have a prenuptial agreement addressing property division in the case of divorce. Such an agreement can help settle many important financial issues in advance and help to avoid lengthy litigation.
Community Property And Commingled Assets
California is a community property state, which means that all property acquired during the marriage should be divided 50-50 between the spouses unless it is otherwise shown that the property in question is separate (non-marital) property. For example, one spouse’s business started during the marriage may be considered community property.
High-asset divorce cases can also become complicated with commingled assets. Commingled assets are when separate property is mixed into community property (e.g., depositing separate bank account funds into a joint marital account), which complicates the process for delineating what property is separate and what is marital.
Significant Aspects Of Complex Financial Estates
High net worth divorces are often lengthy and contentious, as not only do assets need to be identified and properly valued, but also investigated. Additionally, it may be further complicated to value assets like stocks or real estate holdings, which may appreciate or depreciate frequently. In such a case, an attorney may retain a valuation expert or appraiser to determine each asset’s value.
Another important consideration in a high-asset divorce is the child support order, which is determined mainly based on a parent’s income. In particular, California courts may order a parent to pay a certain amount if they have an extraordinarily high income. Such an order will also be based on the child’s lifestyle during the marriage. For example, if the children attended private school, the judge may issue a support order that will allow them to continue this same standard of living. The same applies to spouses seeking spousal support. An experienced lawyer can better help to clarify such a situation.
We Can Help Protect Your Complex Assets
If you are facing a divorce involving complex financial assets in San Diego, California, contact Leigh K. Galyon, APC, for legal help in your high-asset property division case today. Call 619-573-6125 or reach out to us online.