Wealth adds stress and complexity to a divorce. Matters that might take weeks to settle when the couple has an average income can take much longer for people with a lot of assets.
If you and your spouse have a high-net-worth, you should work with a trusted divorce attorney with a firm grasp of how your assets factor into your separation. A Coral Way high-asset divorce lawyer can be a steady guide through the process.
How Wealth Can Complicate Divorce Proceedings
Wealthy people often have complicated finances. They may have holdings in other countries, valuable personal property, and a substantial portfolio of investments, trusts, and other financial instruments. All these holdings must be identified and valued before a couple divorce.
Issues related to children can also be more difficult when a couple is wealthy. Ensuring both parents get reasonable time with the children can be challenging when the parents have substantial work and social obligations. Child support can be a difficult issue when children enjoyed a privileged lifestyle while their parents were together.
Property Division
When couples divorce, each keeps the separate property they brought into the marriage. Anything either spouse or the couple acquired during the marriage is marital property. Florida Statute § 61.075(1) requires a Judge to begin with the premise that marital property should be divided equally, then consider factors that might make a 50/50 split unfair. How long the couple was married, each spouse’s contributions to and sacrifices for the marriage, and their financial positions after the divorce can influence the Judge’s decision.
Alimony
When one spouse proves a need for ongoing financial support and that the other can afford it, a Judge might award alimony. Spousal support awards are usually for a fixed period to allow the receiving spouse to become self-supporting.
Child Support
Like most states, Florida uses an income-based formula to calculate child support. This formula is often inappropriate when wealthy parents in Coral Way divorce for two reasons: many high-net-worth couples get their wealth from sources other than income and the formula is designed to provide a minimum amount to provide necessities.
Judges do not want divorce to have a significant impact on a child’s lifestyle, so they often use the formula as a starting point and add obligations. A parent might pay support to cover private school tuition, club memberships, generous clothing and travel allowances, and other luxuries.
Parental Timesharing
The law requires Judges to make custody decisions based on the children’s best interests. It presumes that sharing time equally between the parents is most beneficial but a parent who objects to equal time-sharing can present evidence rebutting the presumption. A Coral Way attorney can help a parent make the argument for a different arrangement in a high-asset case.
Consider an Uncontested Divorce
An uncontested divorce is when both spouses agree on all relevant issues before filing for divorce. They present their completed agreements to the Judge with the divorce petition. The Judge reviews them and (if they meet legal requirements) incorporates them into court orders with the final divorce decree.
When a couple has significant assets, an uncontested divorce might require months of negotiation before they reach agreements on property division, alimony, and issues related to the children. However, their negotiations are private and the result remains within their control.
When one spouse files for divorce before they have agreed to a settlement with their spouse, the court filings and proceedings are public. Coral Way attorneys handling high-asset divorce cases might file motions and other legal documents seeking information and documents and these motions are also public. A contested divorce is more expensive than a negotiated divorce and usually more stressful and time-consuming. Most importantly, the spouses in a contested divorce hand the power to decide private family and financial matters to a Judge.
Contact a Coral Way High-Asset Divorce Attorney Today
When people decide to divorce, they often want to complete the process as quickly as possible. Unfortunately, that is rarely possible when the couple is wealthy or has significant assets. Identifying and valuing assets and determining a fair distribution can be stressful and time-consuming.
Schedule a free case evaluation with The Florida Probate & Family Law Firm – we have experience working with affluent couples. Our Coral Way high-asset divorce lawyers are just a phone call away.