Property Division
Divorce usually involves significant assets. With high-net-worth cases assets can be worth millions of dollars or more. Property Division may include:
- Complex Asset Portfolios: These portfolios can include a mix of real estate (both domestic and international), stocks, bonds, private equity, hedge funds, art collections, jewelry, and other valuable assets. Each asset class requires specific valuation methods and consideration for tax implications.
- Business Interests: Valuing and dividing a business requires experience in areas like forensic accounting, business valuation, and corporate law. Issues such as goodwill, intellectual property, and ongoing business operations must be considered.
- Executive Compensation and Benefits: Executive compensation packages often include complex elements like ownership shares, stock options, restricted stock, deferred compensation, retirement accounts, both pensions and defined contributions, and other benefits that require careful analysis and valuation.
- Commingled Assets: Tracing and separating marital property from pre-marital or inherited assets can be challenging, especially when funds have been commingled over time.
- Hidden Assets: In some cases, forensic accounting and investigative techniques may be necessary to uncover hidden assets and ensure a fair division.
- Tax Implications: Property division decisions can have significant tax consequences. Understanding these implications and structuring the division strategically is crucial to minimizing tax liabilities and insuring they are shared fairly
Equitable Distribution vs. Community Property
The laws governing property division in divorce vary significantly between states. Understanding whether you reside in an equitable distribution state or a community property state is crucial for high-net-worth individuals, as it directly impacts how your assets will be divided. Illinois, as an equitable distribution state, divides marital property fairly, though not necessarily equally. Courts in Illinois consider various factors, such as the length of the marriage, each spouse's contributions to the marriage (both financial and non-financial), their earning capacities, the value of separate property, and other relevant circumstances, to determine a fair division. This approach allows for more flexibility and consideration of individual circumstances, which is particularly important in high-net-worth cases involving substantial pre-marital assets, inheritances, or business interests.
Navigating Complex Asset Division
Our team at Family Law Solutions, P.C. is experienced in handling the most complex high-net-worth property division cases. We provide:
- Asset Identification and Valuation: We work with a network of financial experts, including forensic accountants, appraisers, and tax specialists, to identify, value, and document all marital assets.
- Strategic Negotiation: We are skilled negotiators and advocates, working to achieve a fair and equitable property division through settlement negotiations, mediation, or litigation.
- Experienced Legal Counsel: We provide clear and concise legal advice, guiding you through the complexities of property division laws and procedures. We help you understand your rights and options, empowering you to make informed decisions.
- Collaboration with Financial Professionals: We collaborate closely with your financial advisors, accountants, and other professionals to develop a comprehensive financial strategy that addresses your long-term needs.
- Focus on Long-Term Financial Security: Our goal is not just to divide property, but to ensure your long-term financial security and well-being. We help you plan for the future, considering factors like retirement planning, spousal support, and tax implications.
Contact Us to Ensure Equitable Property Division
Dividing property in a divorce requires a strategic and meticulous approach. At Family Law Solutions, P.C., we have the experience and resources to protect your financial interests and guide you toward a fair and equitable resolution. Contact us today for a confidential consultation at (312) 332-1344 or START HERE.
About Us
Navigating the intricacies of family law requires a sophisticated and personalized approach, demanding experience, knowledge and compassion. The Family Law Solutions team expertly guides each client through these complex challenges, empowering them to discover that life after divorce can be even better.