Dividing marital property is often one of the hardest and most contentious aspects of divorce. Marital property is anything that a couple acquires during the course of their marriage. When the couple shares significant wealth or high-value assets, it adds a layer of complexity to an already difficult situation.
Missouri law mandates the principle of equitable distribution in Ballwin high-asset divorces. Equitable distribution is a legal standard that ensures marital property is divided fairly between both spouses, but not necessarily 50/50 split.
If you and your spouse are getting divorced, you must divide your property in accordance with the equitable distribution principle. However, knowing how to value and split complex assets can be extremely difficult to do without the guidance of a seasoned high-asset divorce attorney. Allow a skilled lawyer from Jones Family Law Group, LLC, to help ensure you are treated fairly, and your property is protected throughout this process.
What is Equitable Distribution?
Equitable distribution requires the judge to split marital assets between spouses fairly and equitably in a divorce case. This differs from community property states, where the courts are required to divide assets down the middle, or in a 50/50 split. The purpose of this approach is to allow the courts to distribute marital assets in a way that is just—even if one spouse technically receives more than another.
Equitable distribution can still result in an even division of marital assets between spouses—in fact, this is a common outcome in Ballwin high-asset divorce cases. However, the court will consider various factors when determining how assets should be divided. These factors could lead a judge to issue an order that results in something other than an even split. Some of the factors the court takes into account include:
- Income and earning power of the spouses
- Non-monetary contributions to the marriage
- Contributions made by a spouse to the marital estate
- Child custody determinations
- Conduct of a spouse during the marriage
Distribution Challenges in High-Asset Divorce Cases
There are aspects of equitably dividing marital assets that can complicate any divorce case. These issues are especially prominent in high-asset divorces.
First and foremost, high-asset divorce cases have more complex assets to divide as the value of those assets may not be readily discernable by simply looking at an account statement or by finding comparable assets to measure value. This process becomes more difficult as the list of marital assets grows. Even determining which assets are marital and which are separate or non-marital can be difficult in some cases. It is especially challenging for rare or unique assets, as placing a dollar amount on things like art or high-end real estate typically requires professional guidance.
The pool of possible buyers is limited when it comes to high-end assets like real estate, luxury cars, wine collections, art collections, or complex compensation packages for executives. When a couple owns a business or one spouse is a professional, determining value for these assets is equally complicated. These types of assets can make liquidation difficult. The inability to liquidate assets can hamper equitable distribution.
A Ballwin high-asset divorce attorney from our firm can confidently guide you through these challenges and assist with every aspect of equitable distribution. From valuing high-end assets to ensuring they are liquidated at the appropriate price, having an attorney assist with these efforts is often in the best interest of both parties.
Our Team Can Help with Equitable Distribution in Ballwin High-Asset Divorces
A high-asset divorce requires detailed legal guidance from start to finish. The challenges that couples with substantial assets face are complex, and many attorneys simply do not have experience with resolving them.
The dedicated lawyers of Jones Family Law Group, LLC, have the experience necessary to advise you on equitable distribution in Ballwin high-asset divorces. Call our firm to schedule a consultation with an aggressive legal advocate.