Posted on September 09, 2020 in Family Businesses

There are a variety of financial issues that may need to be addressed during a high-asset divorce, and one of the key considerations for many spouses is the possibility that their former partner may be attempting to hide assets. This is often done with the intent of influencing the property division process or to reduce the amount of spousal support or child support payments that a person would be required to make.

When spouses have a high net worth, complex property litigation may be needed to sort out multiple different types of assets and ensure that they are divided properly. Litigation may also address any attempts to conceal assets or income. Concerns about hidden assets are likely to arise if one spouse is a business owner. Some common ways that a business may be used to hide assets include:

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 Posted on August 27, 2020 in High Asset Divorce

During a high net worth divorce, you will need to address a wide variety of financial issues, and the decisions you make can have a significant impact on your finances and your ability to provide for your family in the future. As you address matters related to the division of property, spousal support, and child support, you will need to be sure to understand how these issues will affect your taxes. This will help you avoid surprises related to tax debts, unexpected tax obligations, or other concerns that could affect your financial stability. Some of the tax-related concerns that you may need to address during a high asset divorce include:

• Filing status - Once your divorce is finalized, you will no longer file taxes jointly with your spouse. However, it may be beneficial to file joint tax returns if you were still married in the year(s) before your divorce, and you may need to work with your spouse to ensure that all relevant financial issues are considered, including how you will divide any tax refunds or who will be responsible for paying taxes owed. Following your divorce, you will likely need to make a variety of adjustments when filing as a single person, and you may need to review the deductions or exemptions that you may be able to take and determine the best strategies for minimizing your tax burden.

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 Posted on August 20, 2020 in Prenuptial Agreements

If you earn a large income or own valuable assets, you will want to make sure you are financially protected if you or your spouse choose to pursue a divorce. In many cases, the best way to protect yourself from financial losses in a high net worth divorce is to make decisions ahead of time about how certain issues will be handled. A prenuptial agreement, which you and your partner can sign before getting married, will allow you to specify how you will handle the division of community property if your marriage ends, as well as other matters related to your finances.

To be valid and enforceable, a prenuptial agreement (also known as a “prenup”) must be in writing, and it must be signed before you get married. Both spouses must also provide each other with a fair and reasonable disclosure of their finances, including the property they own, the income they earn, and the debts they owe. A spouse can waive their right to receive a financial disclosure from the other party, but this waiver must be completed before the prenup is signed.

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 Posted on August 13, 2020 in High Asset Divorce

Preparing for an imminent divorce in Texas is difficult under any circumstances. Whether you are planning to file but want to make sure you are the one who serves your spouse with papers, or you have recently been served with a divorce petition, getting ready for a divorce can be extremely stressful. High asset divorces in Texas make preparation for a divorce even more complicated given the value and complexity of many assets that will be classified as community property under Texas law. When an Austin high net worth divorce is imminent, you should begin taking steps to ensure that you have the best chance of reaching a divorce resolution that is right for you. The following are tips for preparing for an imminent high asset divorce. If you have additional questions or need assistance, you should reach out to an experienced Texas high net worth divorce lawyer as soon as possible for legal advice.

Find an Attorney with Experience Handling High Net Worth Divorces in Texas

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 Posted on August 06, 2020 in Complex Property Litigation

The division of community property is a complicated process in any Texas divorce, but it is often particularly complex in high asset divorces in the state. If you are planning for a divorce or you have just begun the process of filing, you probably already know that, under Texas law, Texas is a community property state. What does this mean for your divorce and your property? In short, most property acquired after the date of the marriage will be classified as “community property,” or property of the community (the community being your marriage). Property acquired prior to the date of your marriage, as well as certain property acquired after the date of marriage, will typically be classified as separate property. In Texas, community property is divided in a divorce in a manner that is “fair and just,” according to the Texas Family Code.

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 Posted on July 30, 2020 in QDROs, Pensions and 401(k)s

While most wealthy couples in Texas will have more than one retirement account that will be subject to division in a divorce, it is important to understand how the court is likely to treat your 401(k) accounts, and how those accounts can be divided without incurring substantial penalties. You should learn more about the classification of 401(k) accounts in a community property state like Texas, and whether there are options for preventing the distribution of your 401(k) accounts in your divorce case. When you have questions or need assistance, you should reach out to a Texas high asset divorce lawyer for help. In the meantime, the following includes information about 401(k) classification in Texas and details about distribution.

Community Property and Your 401(k) Account

As you likely know, 401(k) plans are a particular kind of defined-contribution retirement account, and employers offer them to their employees. The term 401(k) refers to the Internal Revenue Code section that governs these plans. With a 401(k) account, employees make automatic contributions from their paychecks, which are then matched by an employer (the percentage of the match depends on the employer). In traditional 401(k) plans, funds are not taxed until they are withdrawn, although withdrawals from Roth 401(k) accounts are not taxed since those are funded with “after-tax” contributions.

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 Posted on July 23, 2020 in High Asset Divorce

High net worth divorces in Texas have many complex elements that do not exist in other types of divorce cases. If you are getting ready to file for divorce, or if your spouse has already filed, you should know just how important it is to have a Texas high net worth divorce lawyer on your side throughout this complicated and often lengthy process. Given the complexity of high asset divorces, we want to go through a list of things that anyone anticipating a high net worth divorce should consider.

1. You Should Hire a Lawyer Who Has Experience Handling High Asset Divorces

You want to make certain you have an Austin divorce lawyer who has experience handling high asset divorces in Texas.

2. You May Need to Hire a Forensic Accountant to Work on Your Case

Forensic accountants are often necessary in high asset cases for locating hidden assets, including tangible and intangible assets.

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 Posted on July 16, 2020 in High Asset Divorce

When you are getting ready to file for divorce, or your spouse has recently filed, you should be thinking carefully about the divorce lawyer you will hire to represent you. For high net worth couples in Austin, your choice of a divorce attorney is particularly important given that your case is likely to have complications due to the high value of your assets and earnings. You may be wondering: what makes a high asset divorce different? And you might even be thinking that any divorce lawyer familiar with community property division and child custody issues under the Texas Family Code can handle your case.

However, it is essential to keep in mind that there are various issues that do in fact make high asset divorces different from other divorces, and you should always have a Texas high asset divorce lawyer on your side who has years of experience assisting clients in high net worth divorces in and around Austin. The following are just a few of the ways in which high asset divorces are different from divorces involving spouses with lower incomes and assets.

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 Posted on July 09, 2020 in High Asset Divorce

When you are planning to file for divorce in Austin, TX and you know that you and your spouse have significant earnings, or that you have substantial and valuable assets, you may have heard the phrases “high asset divorce” or “high net worth divorce.” Yet you may be wondering whether these terms do indeed apply to you and, if so, what they mean for your ultimate divorce process. Under Texas law, regardless of whether you have a high asset divorce, your property will be classified either as community property or separate property, and all community property will be divisible. When community property is of high value, often nearing or upwards of $1,000,000, there will be particular considerations you will want to take into account.

For example, in a high asset divorce, you may need to hire a property appraiser with expertise handling niche property, or you may need to seek multiple estimates for real property to ensure that it is appropriately valued and classified. Moreover, you may need to work with a forensic accountant who can uncover hidden property that one of the spouses was attempting to conceal. An experienced Texas high asset divorce lawyer can tell you whether you should anticipate a high net worth and what you should expect. In the meantime, the following are types of community property that may signal a high net worth divorce and the need to seek advice from a high asset divorce lawyer in Austin.

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 Posted on June 30, 2020 in High Asset Divorce

High asset divorces in Texas are complex for many reasons, from community property that is of high-value and difficult to properly appraise to hidden assets. We often think of hidden assets as specific property, both tangible and intangible, that one spouse might try to conceal from the other spouse and from the court. For example, hidden assets often include out-of-state or overseas bank accounts or investments, business holdings, and even real estate. Yet another form that asset hiding can take is when the higher-earning spouse attempts to conceal his or her actual earnings. Income must be reported accurately to the court. If a spouse does hide the full amount of his or her income, Texas law allows the court to award the other spouse a higher amount of the community property. The spouse who hid assets can also face additional penalties.

If you do not know your spouse’s actual income and are preparing for a divorce, it is essential to work with an aggressive high asset divorce lawyer in Texas who can assist you. The following are some of the ways that you and your attorney can determine your spouse’s actual income.

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