High-Asset Divorce: "I want to protect my assets and separate efficiently"

Divorces can be difficult under any circumstances, but high-asset divorces can be particularly complicated. In Georgia, there are many things to consider when going through a high-asset divorce. For example, property division can become incredibly complex, with multiple assets such as businesses, real estate, and investment accounts needing to be valued and divided. Additionally, child support and alimony can be significant in high-asset divorces, and it is important to consider the long-term financial implications of any settlement. If you are facing a high-asset divorce in Georgia, it is essential to work with a skilled legal team who can help you navigate the process and protect your interests. With the right guidance, you can come out of your divorce with a fair and equitable settlement that sets you up for future financial success.

Marital versus Separate Property

When it comes to dividing property during a divorce, understanding the difference between marital and separate property is crucial in Georgia. Marital property includes any assets acquired during the marriage, while separate property refers to assets acquired before the marriage or through inheritance or gift. It's important to note that while marital property must be divided equitably, it does not necessarily mean a 50/50 split. This is because "equitable" means fair, not equal. On the other hand, separate property stays with the spouse who owns it, and it's not subject to division during a divorce. It's always wise to seek the guidance of an experienced family law attorney who can help guide you through the complexities of dividing property during a divorce.

Equitable versus Equal Division of Property

Divorces can be an emotional and challenging process, especially when it comes to dividing property. In all the states in America, there are two main ways to divide property in a divorce: equitable and equal division. While the terms are often used interchangeably, they have very different meanings. Equity is about fairness, not necessarily equality, whereas equal division means an even split. For divorces in Georgia, the courts start with the presumption of an equitable - not necessarily equal - split between the parties seeking to divorce. When determining an equitable division of property, the courts will consider several factors, including the earning capacity of each spouse, the length of the marriage, and the contributions of each spouse during the marriage. As a result, is it not uncommon to see equitable and lawful divisions of 70/30 or even 80/20 in Georgia, depending on the details of the marriage. It's crucial to seek the guidance of an experienced divorce attorney to ensure a fair distribution of your assets during this difficult time.

Tax Implications

When facing a high-asset divorce in Georgia, having a strong legal team is essential. Additionally, it's important and recommended that you and your legal team also work with an experienced accountant or tax advisor, when looking at the assets and possible debts in your divorce case. These professionals can provide valuable insight into the financial implications of the divorce, from tax consequences to assets and property division. With their expertise and the experience of your legal team, they can work together to help you fight for your fair share and ensure that all assets, including hidden ones, are uncovered and distributed equitably. While the divorce process can be challenging, working with a team of experts can make it less overwhelming and increase your chances of success. At Your Law Firm, we have a network of accountants and tax professionals we love and trust to provide support to our legal team for high-asset divorce cases.

Businesses

Owning a Business with Your Spouse

Divorce can be a difficult and emotional event for anyone to experience. When you own a business with your spouse, the process can become even more complicated. However, with the right legal guidance and communication, it is possible to come to a fair and mutually beneficial agreement on how to divide the business. It is important to gather all necessary financial information on the business and its assets, and work with your divorce attorney to determine the best course of action. Would it be beneficial for you to continue to run the business together, even after the marriage is over? Or would it be best to split and part ways, whether through one spouse buying out the other, or both spouses liquidating and splitting any net profits - or liabilities. Although the road may not be easy, by working together and prioritizing the success of the business, you can both come out of the process with a positive outcome.

Owning a Business with a Third Party

Going through a divorce is a tough process, especially if you own a business in Georgia. If you have a business partner, it's important to have a clear and legally binding agreement in place regarding the division of assets in case of a divorce. It's also crucial to understand the laws in Georgia regarding equitable distribution of assets. If you want to offer your spouse equity in the business, it's important to have it valued by a professional to ensure a fair split. Remember, divorce doesn't have to mean the end of your business. With proper planning and legal guidance, you can continue to work towards your entrepreneurial goals while successfully navigating your divorce proceedings.

Valuation of Property

In a Georgia divorce, the valuation of property is crucial in determining the division of assets - how can you divide something equitably if you do not know its worth? Tangible property, such as real estate and personal property, can be easily appraised by a professional. However, intangible property, such as investments and intellectual property, can be a more challenging process. The court takes into consideration the nature of the intangible property, the economic circumstances, and the contributions of each spouse. With a fair and thorough valuation process, both parties can move forward with the divorce knowing that their assets have been properly evaluated and divided. As always, consulting with a qualified attorney can provide guidance and ensure that your property rights are protected.

Tangible Items

When it comes to dividing property in a Georgia divorce, tangible assets can be a significant factor. Tangible assets include many different types of financial holdings, such as stock options, investment and retirement accounts, checking and savings accounts, assets held in trusts, and inheritances. Generally, assets held in trust for the benefit of only one spouse, and inheritance received by a spouse is the separate, non-marital property of that spouse. Separate property is not up for division in a divorce and stays with the spouse who had it initially.

These other diverse types of assets can be worth vastly different amounts and require various valuation methods. For example, stock options may need to be valued using a Black-Scholes model, while retirement accounts are typically valued on their present worth, factoring in potential taxes and penalties. Dividing tangible assets in a divorce can be an intricate process, and it's crucial to have the guidance of a professional with experience in asset valuation and equitable division of property. We can help ensure that your assets are fairly valued and divided in a way that provides for your future financial stability, through our trusted network of financial and tax advisors, or by working with your own personal tax professional.

Intangible Items

Divorce is never an easy process, especially when it comes to dividing assets that cannot be physically measured. Yet Georgia law requires you to value such difficult to measure assets and assign them a dollar value, and then divide it equitably between the parties - if it is deemed to be marital property. In the case of a Georgia divorce, intangible items such as carried interest, equity, future returns, cash versus accrual methods of accounting, and personal goodwill must be accounted for. These items can be complex and require a skilled professional to accurately assign a dollar value and divide them equitably. One common issue involves taxation on carried interest, which can result in unexpected tax liabilities. Additionally, personal goodwill presents a unique challenge due to its subjective nature. As a professional and friendly guide through the divorce process, we make it a priority to ensure all intangible items are accounted for fairly and understandably. We will connect you with the right appraisers and professional evaluators for the job.

Intellectual Property

In Georgia, intellectual property can be divided between the spouses equitably, but the challenge lies in determining its value. An experienced attorney can assemble the right team to assess and help evaluate the assets. Then they will work with you to find ways to divide them in a way that is fair and just. It's important to remember that intellectual property extends beyond patents, trademarks, and copyrights and can include inventions, trade secrets, and even social media accounts. As you navigate this challenging time, it's essential to work with a qualified attorney who understands the nuances of divorce laws in Georgia. They can guide you through the process and ensure that you receive the fair share of intellectual property that you're entitled to.

Artwork

The first step in dividing artwork in a Georgia divorce is determining its value, which can often be a complex process. Hiring an appraiser or seeking the expertise of a professional auction house can be helpful in determining a fair value. Once the value is established, the artwork can be divided between spouses, either through negotiation or by court order. It's important to keep in mind that the goal is to reach a fair and equitable division of assets while minimizing conflict and stress. If you're going through a divorce and need help dividing artwork or other marital assets, consulting with a trusted family law attorney can help make the process smoother and less stressful.

Protect and Freeze Assets When Divorce Initiated

Whenever a divorce is filed in Georgia, most courts also require you to file a copy of the court's Standing Order as well. Part of this Standing Order requires a freezing or ceasing of assets moving around or debts being taken out, other than in the usual course of business. An additional step you can take to protect yourself and your assets is to file for a temporary hearing with the court to explicitly state a freezing of all assets, and even assign, on a temporary basis, who is in charge of handling which assets until the divorce is final. At Your Law Firm, we work with you to make sure that your assets are protected, even beyond the Standing Order.

Find and Locate Assets or Debts in Divorce

Divorce proceedings, as we have seen, can be complex, especially when it comes to dividing assets and debts that you may not even know are out there. Fortunately, there are several methods to uncover hidden assets or debts during a Georgia divorce. Employing the Georgia Civil Procedure Act and using discovery to compel your spouse to produce all financial records for you to review is a good place to start. Additionally, opting for the services of a private investigator can provide you with valuable information which you may not otherwise find. But if you're looking for a comprehensive approach, hiring a forensic accountant can offer an added layer of assistance. The accountant will closely examine the financial documents received in discovery or otherwise to uncover any additional assets or debts that were previously undisclosed. With these methods at your disposal, you can ensure that you are fully informed of your spouse's financial situation and can negotiate a fair settlement during your divorce.

Sealing Your Divorce Record

If you are going through a divorce in Georgia and want to keep the details of your case private, you may be wondering if it is possible to seal the proceeding records. Fortunately, Georgia law allows for the sealing of court records in certain circumstances, but the process is not always straightforward, nor is it guaranteed. In order to seal your divorce records, you will need to demonstrate to the court that there is a compelling reason to do so, and that the potential harm to you or your family or your business outweighs the public's right to access court records. Georgia courts will consider a variety of factors when making this determination, including the extent to which the information in your case is already public, the potential adverse effects on you and your family, and the public interest in the specific details of your case. While the process of sealing records can be complex, an experienced family law attorney can help guide you through the process and protect your privacy during this difficult time.

Child Support

Calculating child support in a high-asset divorce case in Georgia can be a complex process. While child support is typically calculated based on income, in high-asset cases, there may be additional factors to consider such as the child's education and healthcare expenses. Georgia law requires both parents to contribute to the support of their child or children, and the state uses an income shares model to determine each parent's share of child support. However, it's important to note that the court may deviate from this model if necessary, taking into account the child's needs and the parents' financial circumstances. If you're going through a high-asset divorce and need guidance on calculating child support, it's crucial to seek the assistance of an experienced family law attorney who can help ensure your child's needs are met.

Alimony

Divorce can be a messy and challenging process already, especially when the couple involved has substantial assets that need to be divided. In Georgia, calculating alimony in a high-asset divorce case can be a complex process that requires careful consideration and attention to detail. Courts in Georgia consider factors such as the length of the marriage, the earning capacity of both parties, and the marital standard of living when determining the amount of alimony to be awarded. It is also worth noting that Georgia law doesn't provide a set formula for calculating alimony, which means the outcome of each case can differ significantly. Despite the challenges, with the help of an experienced attorney, couples can successfully navigate the process and reach a fair and equitable settlement.

How We Can Help

At Your Law Firm, we understand that going through a divorce can be a difficult and overwhelming process, especially when it involves high-asset complications. That's why we're here to help you navigate every step of the way. Our legal team is equipped with the knowledge and experience necessary to assist you in valuing your intangible assets, such as intellectual property or business interests, and ensuring that you have the best possible argument for the court's record to be sealed in order to protect your privacy. We will also work alongside you to help you negotiate a fair and reasonable child support and/or alimony agreement when needed to help you move forward with your life. At Your Law Firm, we're dedicated to providing you with the support and guidance you need during this challenging time.