Boutique Family Law Representation & Stellar Client Service

Divorce FAQ

If you are considering a divorce or have been served with divorce papers, you may have many questions about the process, your rights, and your future. Here are some of the most frequently asked questions we receive from our clients who are facing a high-asset divorce in San Ramon, CA.

What is a high-asset divorce? A high-asset divorce is a divorce case that involves significant assets, such as businesses, real estate, investments, retirement accounts, stock options, executive compensation, valuable personal property, or inheritance. These assets may be subject to division between the spouses depending on whether they are considered separate or community property.

How is property divided in a high-asset divorce? California is a community property state, which means that any property acquired during the marriage is presumed to belong equally to both spouses unless there is an agreement otherwise. Separate property is any property that was owned by one spouse before the marriage or received by gift or inheritance during the marriage. Separate property remains with its owner after divorce unless it was commingled with community property.

How can I protect my assets in a high-asset divorce? The best way to protect your assets in a high-asset divorce is to have a prenuptial or postnuptial agreement that specifies how your property will be divided in case of divorce. If you do not have such an agreement, you may need to hire experts such as appraisers, accountants, business valuators, or forensic analysts to help you determine the value and character of your assets and present evidence to support your claims.

How will a high-asset divorce affect my lifestyle? A high-asset divorce may have significant financial implications for both spouses depending on how their assets are divided and whether spousal support or alimony is awarded. Spousal support is determined by various factors such as income potential, length of marriage, standard of living, age, health, and contributions to each other’s career. Spousal support may be temporary, permanent, or modifiable depending on the circumstances and the agreement of the parties.

How will a high-asset divorce affect my business? If you own a business or have an ownership interest in one, your business may be subject to division in a high-asset divorce if it was acquired during the marriage or if it increased in value due to marital efforts. You may need to provide financial records, tax returns, balance sheets, and other documents to prove the value and character of your business. You may also need to hire a business valuator to appraise your business and offer options for dividing it as well.