Divorce is never easy, but it becomes even more complex when you have a professional practice, a successful business, or substantial personal wealth. High-asset divorces also often involve heightened emotions, as both parties want to protect the lifestyle to which they have become accustomed.
In these situations, working with a St. Louis high-asset divorce lawyer is crucial to accurately value your marital and separate property. This step is critical in any divorce, especially when significant assets are at stake. Both parties to a divorce must fully disclose their sources of income, assets, and debts. When holdings are substantial, preparing an accurate disclosure can require significant preparation.
High-asset divorces can take a long time to finalize, so securing a capable divorce attorney early in the process is critical. Jones Family Law Group has the negotiating skills to settle a high-asset divorce out of court, protecting your privacy and sparing children from unwelcome notoriety.
Property Division Laws in Missouri
Missouri Revised Statute §452.330 requires you and your spouse to divide your marital property equitably when you divorce. An equitable division is fair to both parties but is not necessarily equal.
A pre- or post-nuptial agreement may control how your property is divided upon divorce. That does not prevent your spouse from contesting the validity of an agreement. Although local courts usually honor marital agreements, a judge might set one aside if they find one of you:
- Did not fully understand the agreement’s terms;
- Was coerced or pressured to sign;
- Did not have access to independent counsel before signing; or
- Did not fully disclose their income, assets, or debts.
The high-asset divorce attorneys at our St. Louis firm could review a prenuptial agreement to assess whether it is vulnerable to a challenge.
The other issue that invalidates some prenuptial agreements is fairness. Although a prenuptial agreement could favor one party over another—and usually does if one party enters the marriage with significantly more wealth than the other—the other party must receive value in return for giving up their rights. If the agreement is blatantly unfair or exploitative, a court might find it unconscionable and invalidate it.
Challenges of Property Division in High-Asset Divorce
Higher-income earners often have a diverse array of assets and debts. Locating, inventorying, and valuing all property and liabilities can be time-consuming and complex. If you or your spouse believes the other is hiding something, the forensic work to identify hidden assets adds another layer of complexity.
Assessing the value of real estate or a retirement asset is relatively straightforward. However, valuation can become a bitter dispute if one or both of you own a business or a professional practice. When its value is a significant portion of your net worth as a couple, providing the other spouse a fair settlement while preserving the business as an ongoing concern can be challenging.
Our experienced lawyers have a sophisticated grasp of business and financial issues and a network of professionals in St. Louis to provide expert opinions on high-asset divorce cases. Meticulous valuation ensures the property settlement is fair and no one inadvertently relinquishes their rights.
Negotiated Settlement Preserves Privacy
People involved in high-asset divorces are often concerned about protecting a business or fear a significant change to their lifestyle. These anxieties can create a combative attitude that focuses on winning rather than compromising.
Divorces are best settled by the parties through negotiation. The parties are far more likely to reach a fair agreement that is creative than a judge who is limited in their available outcomes. In a high-asset divorce, staying out of court is often vital for another reason. Court records are public, and many wealthy or socially prominent individuals must avoid this kind of publicity for the sake of their reputation, business, and safety.
A high-asset divorce attorney at our firm could confidentially negotiate with your spouse’s legal representative to arrive at an appropriate settlement. If you and your spouse communicate well or could do so with a neutral third party overseeing discussions, mediation is an alternative that many couples find productive.
Work With a St. Louis Attorney to Manage a High Asset Divorce
High-asset divorces usually require significant time to complete, and nerves can fray while the process unfolds. Working with an experienced legal professional can relieve pressure while ensuring you get a just result.
A St. Louis high-asset divorce lawyer from Jones Family Law Group is well-equipped to see you through the process. Call our firm today to get started.