When any marriage dissolves, dividing assets is stressful and difficult during the divorce. However, in high-asset divorces, emotional factors often make property division more complicated. This heightened level of dispute makes the process more challenging and potentially leads to regrets once the divorce is final. Unlike other issues in a divorce, when the divorce is final, so is the property distribution usually. That’s why you must get the asset division straight out of the gate. Common mistakes made by couples in high-asset divorces can further complicate the property settlement or litigation process. Let’s take a look at some of those mistakes.
Too Much Spousal Trust
High-net-worth marriages generally see one spouse managing the wealth, leaving the other spouse uninformed about the marital assets. During a divorce, the less-informed spouse may be at a disadvantage and susceptible to the other spouse's potential deceit. It is advisable to consult an attorney about hiring a financial professional to investigate unknown assets, income sources, or hidden expenditures.
Hidden Assets
During a high-asset divorce, a spouse may mistakenly believe that property not in their name or hidden can't be divided in a divorce. However, hiding or transferring assets to a third party can backfire, leading to loss of credibility and the asset itself if discovered before the divorce is final or severe penalties if discovered afterward. Concealing assets is both unethical and risky and should be avoided.
Not Using Valuation Experts
Dividing marital assets, and knowing their exact value is essential, which can be challenging, especially with difficult-to-value assets like a closely held business. Relying on rough estimates or a spouse's word for the value of their business is a common mistake. Instead, investing in a professional valuation is usually worth the cost to ensure accuracy and fairness, particularly in high-net-worth marriages
Giving In Due To Guilt
Feeling guilty about initiating a divorce, having an affair, or causing the marriage to end can lead to poor decisions during property division. Giving your spouse everything to ease your guilt is a bad idea, it won't alleviate the guilt and will leave you without the assets you deserve. Once the property is divided, you can't undo it, so avoid making decisions based on guilt.
Letting Anger Direct Demands
Trying to take revenge on your spouse during property division because they wronged you can also backfire. Seeking to "make them pay" can lead to higher legal fees and prolonged disputes, ultimately harming yourself. Ohio courts typically divide marital assets equally, so refusing a reasonable settlement won't result in you getting more assets – only a bigger headache.
Agreeing To Just Be Done
Reaching a divorce settlement can be lengthy, especially with significant assets to divide. Identifying and valuing assets is followed by potentially exhausting negotiations, which can be even more challenging in high-asset divorces. Despite the temptation to hastily agree just to end the process, it's crucial to consult your attorney to avoid regretting a desperate settlement. The divorce will end, but the property division is permanent.
Forgetting Taxes
When dividing marital property, it's important to consider not just the value of assets but their tax implications. Two assets with the same value might offer different financial benefits due to tax burdens or breaks, and improper handling of asset transfers, like retirement plans, can lead to significant tax consequences. Proper legal guidance is essential to navigate these tax considerations and ensure a fair division.
Aggressive Lawyers
In a high-asset divorce, it's crucial to have an attorney who understands the financial complexities and can negotiate effectively. Relying on an aggressive attorney often increases conflict, prolongs the process, and raises legal fees. Wealthy individuals typically prefer to negotiate fair settlements to avoid wasting resources on prolonged court battles, focusing instead on future financial planning and charitable giving.
Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process.
We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 or
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