High-asset divorces are often much more complex than standard divorce cases. Not only can it be more difficult to divide a larger marital estate, but there are typically many complicated issues that must be resolved when one or both spouses are high-net-worth. For instance, these cases may involve business interests, prenuptial agreements, investments, tax implications, and property valuations. With so much at stake for both spouses, a high-asset divorce can be contentious, costly, and lengthy.
Specifically, some common high-asset divorce issues can include the following:
If either spouse had a significant amount of assets before marriage, a prenuptial agreement may have been entered into before the wedding. Alternatively, a postnuptial agreement may have been executed if a substantial amount of assets were acquired during the marriage. These agreements are meant to protect separate assets in the event of divorce and help streamline the legal process of ending a marriage. Rather than allow a judge to decide how marital property, assets, and debts would be divided, the prenup or postnup would outline the terms of division.
Although prenups and postnups are meant to help spouses avoid lengthy (and costly) litigation, it’s not uncommon in a high-asset divorce for a spouse to attempt to challenge the prenup or postnup. Not only can this prolong the divorce proceedings, but it can also drive up the cost.
Litigation isn’t the only way to divorce. Alternatives such as mediation and uncontested divorces allow spouses to divorce privately, cost-effectively, and efficiently. While some spouses might want to take a win-at-all-costs approach, it is important to remember that the legal process is about compromise — regardless of the number of assets involved.
Spouses can work with their attorneys to settle all the matters without needing to be in court, including:
Negotiation with the assistance of experienced counsel can ensure that a couple’s financial and personal matters remain confidential and avoid unnecessary acrimony and fees. Out-of-court settlements can also give spouses control over the outcome of their divorce and ultimately lead to greater satisfaction with the results.
Ending a marriage can bring a wide range of emotions, and common high-asset divorce issues can intensify these emotions due to the financial stakes involved. Not only might spouses experience anger, hurt, and betrayal, but entitlement often comes into play in these cases. While a higher-earning spouse might feel they should be awarded a larger share of assets due to their financial contributions to the marriage, the spouse who sacrificed their career to take care of the home may believe they deserve more than the other.
Importantly, a court would evaluate the couple’s entire financial picture to determine how to divide marital property fairly. Regardless of how strongly each spouse might feel about the issue of property division, it’s essential to understand that letting emotions get in the way can prolong the divorce process and increase the costs associated with it.
One of the most common high-asset divorce issues concerns concealed assets. A spouse might attempt to hide assets by transferring ownership, opening offshore accounts, undervaluing property, or underreporting income. Significantly, full financial disclosure is mandatory in a New York divorce, and willfully hiding assets can result in sanctions being imposed. If a spouse suspects the other of failing to disclose assets, a forensic accountant may be brought into the case to uncover them.
Property division in divorce can have many tax consequences, especially for high-asset couples. For example, capital gains taxes can be triggered by the sale or transfer of real estate, stocks, and investments. There can also be tax implications when it comes to dividing a family business, investment portfolio, or intellectual property. It’s critical to consider the tax treatment of any property when dividing marital assets to avoid pitfalls and ensure that a fair settlement is reached.
An appraisal provides an independent assessment of an asset’s fair market value. They are vital to ensure the property is divided in accordance with New York’s equitable division doctrine. Appraisals can help prevent disputes over how much assets are worth and ensure a spouse does not settle for less than what the asset is worth. Knowing the accurate value of an asset can also put a spouse in a better position for negotiations — and help determine the appropriate amount of compensation that should be awarded to the other spouse.
If you are a high-net-worth individual facing divorce, it’s crucial to work with an attorney who focuses on high-asset divorce issues. At Duke Law Firm, P.C., our legal team provides our clients with compassionate and reliable representation for complex divorce matters, including those involving a substantial amount of assets. We welcome you to contact us today to schedule a consultation to learn how we can help.
© 2025 Duke Law Firm, P.C.
| View Our Disclaimer | Privacy Policy
