When a marriage involves significant wealth, complex financial holdings, or ownership interests in a business, the divorce process becomes far more demanding than a standard dissolution of marriage. The decisions made in a high asset divorce have the potential to affect your financial future for decades to come, and the margin for error is very small. A single miscalculation in asset valuation, an overlooked account, or an improperly handled retirement asset can result in an outcome that costs you far more than you realize at the time.
At Jenkinson Legal, we understand that high asset divorce cases require a higher level of knowledge, preparation, and strategic thinking than most family law matters. Attorney AnnMarie Jenkinson approaches every high asset case with the thoroughness, diligence, and aggressive advocacy that her clients’ financial interests demand. Whether your case can be resolved through negotiation or requires full courtroom litigation, we are dedicated to securing the most favorable outcome possible for you.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
What Makes a High Asset Divorce Different
A high asset divorce involves the same foundational legal framework as any other Florida dissolution of marriage. Florida divides marital property through equitable distribution under Florida Statute § 61.075, beginning with a presumption that marital assets and liabilities should be divided equally and then considering specific factors that may justify an unequal distribution. However, in a high asset case, the process of identifying, classifying, and accurately valuing all marital property is a significantly more complex and time-consuming undertaking.
The complexity in these cases typically stems from several factors that are far less common in standard divorces. These include multiple real estate holdings or investment properties, ownership interests in one or more businesses, substantial retirement accounts or pension plans, deferred compensation arrangements, investment portfolios, stock options or restricted stock units, inheritances and trust interests, international assets, and significant personal property such as art, jewelry, or collectibles.
In a standard divorce, a financial affidavit and basic financial disclosures are often sufficient to account for the marital estate. In a high asset divorce, those disclosures are only the starting point. A thorough and meticulous discovery process is typically required, which may involve forensic accounting, formal business valuations, real estate appraisals, and the use of expert witnesses to establish the true value of complex assets.
Preparation Is Everything
High asset divorce cases involve complex issues that require the expertise of experienced divorce attorneys who are prepared to work through every detail with precision. Preparation is not just important in these cases. It is essential. The outcome of a high asset divorce often comes down to which party has done the more thorough job of documenting, valuing, and presenting the marital estate to the court or to the opposing party during negotiations.
At Jenkinson Legal, we approach every high asset divorce case with meticulous care from the very beginning. We work with our clients to identify every asset and liability that may be part of the marital estate, gather the financial records necessary to support our positions, and engage the right financial professionals and expert witnesses when their expertise is needed. We leave nothing to chance and never assume that the other party’s disclosures are complete or accurate.
Business Ownership and Valuation
One of the most complex issues in any high asset divorce is the treatment of a business that one or both spouses own or have an interest in. The marital portion of a business interest is subject to equitable distribution, but determining what that portion is worth requires careful analysis and, in most cases, the assistance of a qualified business valuation expert.
Business valuation is not a simple calculation. A business’s value depends on factors such as its revenue and earnings history, its assets and liabilities, its market position, the goodwill it has developed, and the future income it is likely to generate. Different valuation methodologies can produce very different results, and the methodology used can have a dramatic impact on the final distribution of marital assets.
In addition to valuation, the court must determine what portion of the business’s value is attributable to marital effort and contributions versus what was brought into the marriage as a separate, premarital asset. When a spouse’s labor, skill, or marital funds have contributed to the growth of an otherwise separate business, the enhanced value created during the marriage may be treated as a marital asset subject to distribution. These issues require an attorney with real experience handling business interests in family law proceedings.
Real Estate and Investment Property
High asset divorces often involve multiple real estate holdings, including the marital home, vacation properties, rental properties, undeveloped land, and commercial real estate. Each property must be individually valued, typically through a formal appraisal, and the court must determine whether each property is a marital asset, a separate asset, or some combination of both.
When investment properties generate rental income, that income stream must also be accounted for as part of the overall financial picture. Mortgages, liens, and encumbrances on real property must be addressed as part of the equitable distribution of marital liabilities. In cases where the marital home itself is a point of contention, the court may consider options including one spouse buying out the other’s interest, selling the property and dividing the proceeds, or in limited circumstances, deferred sale arrangements.
Retirement Accounts and Pension Plans
Retirement assets are among the most significant financial holdings in many marriages, and they require special handling in a divorce proceeding. The marital portion of a 401(k), IRA, pension plan, or other qualified retirement account is a marital asset subject to equitable distribution. However, dividing these accounts without the proper legal documents can trigger immediate tax consequences and early withdrawal penalties that significantly reduce the value of the asset.
To properly divide a qualified retirement plan such as a 401(k) or pension, the court must issue a Qualified Domestic Relations Order (QDRO). A QDRO is a specialized court order that instructs the plan administrator to divide the account between the parties in the manner specified, without triggering taxes or penalties at the time of the transfer. Drafting a QDRO correctly requires specific knowledge of retirement plan law, and errors in the document can have serious and lasting financial consequences. At Jenkinson Legal, we ensure that retirement assets are handled properly and that our clients receive the full value of what they are entitled to.
Stock Options, Deferred Compensation, and Investment Accounts
High-earning spouses often have compensation structures that go beyond a regular salary. Stock options, restricted stock units, deferred compensation plans, profit-sharing arrangements, and investment portfolios all present unique valuation and division challenges in a divorce. Some of these assets may be partially vested, may have varying tax treatments, or may not yet be accessible at the time of the divorce.
The marital portion of these assets must be carefully identified and valued. The analysis typically requires a clear understanding of when each option or compensation unit was granted, what the vesting schedule is, how much of the vesting period falls within the marriage, and what tax consequences will result from any transfer or division. Failing to properly account for these factors can result in a settlement that appears equitable on paper but produces a very different financial outcome in practice.
Hidden and Dissipated Assets
Unfortunately, high asset divorces sometimes involve one spouse attempting to conceal, undervalue, or dissipate marital assets in order to reduce the other spouse’s share of the marital estate. Common tactics include transferring assets to friends or family members, underreporting business income, deferring compensation or bonuses until after the divorce is finalized, or artificially inflating business expenses to reduce apparent profitability.
At Jenkinson Legal, we are vigilant in identifying these situations and addressing them effectively through the discovery process. We know what to look for, and we work with forensic accounting professionals when necessary to trace assets and uncover financial information that has been concealed or misrepresented. Under Florida Statute § 61.075, the intentional dissipation, waste, depletion, or destruction of marital assets within two years prior to the filing of the petition, or at any time after it was filed, is a factor the court must consider when making its equitable distribution determination. We make certain that any such conduct is brought fully to the court’s attention.
Vocational Experts and Support for Stay-at-Home Spouses
In marriages where one spouse has spent a significant portion of the marriage out of the workforce, or has substantially limited their career in support of the other spouse’s professional advancement, determining an equitable support arrangement requires a careful and thorough evaluation of that spouse’s financial needs and earning potential.
In these situations, the court may benefit from the analysis of a vocational expert, a professional who evaluates the non-working or underemployed spouse’s education, work history, skills, and the current job market to assess what that spouse is realistically capable of earning going forward. This analysis informs both alimony determinations and any argument regarding imputation of income for child support purposes.
At Jenkinson Legal, we have the resources to identify, retain, and work effectively with vocational experts when their testimony is needed to present a complete and fair picture of our client’s financial circumstances and needs.
Prenuptial and Postnuptial Agreements
In many high asset marriages, one or both spouses entered the marriage with a prenuptial agreement in place, or may have executed a postnuptial agreement at some point during the marriage. These agreements can have a significant impact on how assets and alimony are treated in a divorce, and their enforceability must be carefully analyzed as part of the overall case strategy.
Florida courts will enforce a valid prenuptial or postnuptial agreement that meets the requirements of the Florida Premarital Agreement Act. However, there are circumstances under which an agreement may be challenged, including situations where it was executed under duress, where one party was not provided with fair and reasonable disclosure of the other’s financial circumstances, or where the terms are unconscionable. Whether you are seeking to enforce an agreement or to challenge one, having knowledgeable legal counsel is essential to protecting your position.
Contact Jenkinson Legal Today
Choosing the right divorce attorney is the single most important step you can take at the outset of a high asset divorce. The complexity of these cases demands an attorney with real litigation experience, a thorough understanding of Florida equitable distribution law, and the professional network necessary to engage financial experts, business valuators, forensic accountants, and other specialists when your case requires it.
Divorce law and family law are among the most delicate legal issues you can face. Your future life as an individual and as a family will be affected by the manner in which these issues are resolved. The impact these difficult times will have on your financial future makes it critically important that you have the most knowledgeable, experienced advocate you can find by your side.
At Jenkinson Legal, we fight aggressively to protect our clients’ financial interests at every stage of a high asset divorce. We will work tirelessly to ensure that all marital assets are accurately identified, properly valued, and equitably divided, and that you walk away from this process with the outcome you deserve.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website to discuss your needs, options, and legal rights as quickly as possible. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
Request a Free Consultation