San Diego High-Asset Divorce Lawyer
Do you need help with a divorce that involves substantial assets in San Diego, CA? Call San Diego Divorce Lawyers, APC for a free case review at (619) 866-3756. Our experienced San Diego high-asset divorce attorneys can represent your interests throughout the process and help you seek the best possible outcome.
Our award-winning family and divorce law firm has over 30 years of combined experience handling divorce cases in San Diego County. We thoroughly understand the financial complexities that come with these cases and will use the full force of our experience and resources to your benefit from the start.
Your consultation is confidential. Contact us for help today.
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Why Should I Hire San Diego Divorce Lawyers, APC for My High-Asset Divorce Case in San Diego, CA?
High-asset divorces in San Diego, California, require a different level of legal skill than a standard divorce. The more wealth involved, the more opportunities there are for one spouse to hide assets or at least misrepresent their value. You need a San Diego divorce lawyer on your side who knows how to dig into the financial details and ensure your rights and interests are fully protected.
San Diego Divorce Lawyers, APC, can provide you with the comprehensive legal services you’re looking for.
A few reasons to consider hiring our legal team for your case include:
- We’re led by an attorney who is designated as a Certified Divorce Financial Analyst.
- We have decades of combined experience helping families through complex divorce matters, including those with high assets.
- We’ve received accolades from the San Diego Daily Transcript, Super Lawyers, and other organizations for our outstanding results.
Reach out to our San Diego high-asset divorce attorneys today to learn more. We offer a complimentary case evaluation.
How Does Property Division Work in a High-Asset Divorce in California?
California is a community property state. This means that, broadly speaking, most assets and debts acquired during the marriage are considered jointly owned and must be divided equally between the spouses. This applies regardless of which spouse earned the income or whose name is on the account.
However, this rule is easier to state than it is to apply in practice. Some of the complications that commonly arise when it comes to property division in high-asset cases include:
Distinguishing Community Property From Separate Property
Assets you owned before the marriage, along with gifts and inheritances received during it, are generally considered separate property.
However, things can become complicated when separate property is commingled with marital funds, for instance, or when separate assets increase in value during the marriage.
Valuing a Business
If one or both spouses own a business, determining its fair market value is often one of the most contested issues in the case. Different valuation methods can produce very different numbers, and both sides may hire their own experts.
Hidden Assets
In high-asset cases, it’s not uncommon for one spouse to attempt to conceal wealth by taking steps like underreporting income and transferring assets to third parties. Forensic accountants can help uncover these tactics.
Complex Investment Portfolios
Investments, such as stocks and bonds, need to be properly valued as of a specific date. Retirement accounts and pensions also require special handling, often involving a Qualified Domestic Relations Order (QDRO).
Real Estate Holdings
Multiple properties, including rental and investment properties, may need to be appraised and accounted for in these cases. Various factors can affect the equation, including property taxes and management costs.
Getting the property division right in a high-asset divorce has long-term financial consequences. Our attorneys will make sure your interests are fully represented throughout this process.
Spousal Support in a San Diego High-Asset Divorce
Spousal support, also known as alimony, is often a major issue in high-asset divorce cases. California courts consider a number of factors when deciding whether to award support and how much it should be.
Key considerations include:
- The length of the marriage
- Each spouse’s income and earning capacity
- The marital standard of living
- Each spouse’s assets and obligations following the property division
- The age and health of each spouse
- Whether one spouse made career sacrifices to support the other’s professional growth
In high-asset cases, the standard of living during the marriage carries particular weight. For example, if one spouse has grown accustomed to a certain lifestyle, the court may factor that into the support award.
Child Custody in a High-Asset Divorce Case
Child custody decisions in California are always based on the best interests of the child, regardless of how much money is involved. However, in high-asset cases, the financial dynamics between the spouses can add layers of complexity to the process.
There are two types of custody under California law:
- Physical custody determines where the child lives on a day-to-day basis.
- Legal custody determines which parent has the authority to make major decisions about the child’s upbringing.
Either type can be awarded jointly to both parents or solely to one. The court will look at various factors when it comes to making a custody determination, such as:
- Each parent’s relationship with the child
- The stability of each home environment
- The physical and mental health of each parent
- Whether either parent has a history of abuse or neglect
- The child’s own preferences (if they’re old enough to express them)
Our attorneys can help you navigate these dynamics and advocate for an arrangement that truly serves your child’s best interests.
Child Support Considerations in High-Asset Cases in San Diego, CA
California uses a statewide formula to calculate child support based on each parent’s income and the amount of time the child spends with each one. In most cases, that formula produces a straightforward number. However, high-asset divorces often push beyond the boundaries of the standard calculation.
When one or both parents earn significantly more than average, the court has discretion to deviate from the guideline amount. Additional factors that may come into play regarding child support include:
- The child’s established standard of living during the marriage
- Costs associated with private education and any specialized programs
- Travel expenses related to custody arrangements
- Extracurricular activities and other enrichment costs
- Healthcare needs beyond what insurance covers
High-income earners with detailed compensation structures can present another challenge. For example, this might apply to forms of income like rental income and partnership distributions.
Protecting Your Privacy During a High-Asset Divorce
Privacy is a real concern for many clients going through a high-asset divorce. Court filings are generally part of the public record, which means sensitive financial details could become accessible to anyone who looks. For some individuals, like business owners, that kind of exposure can have impactful professional consequences.
Fortunately, however, there are steps your attorney can take to limit how much of your financial information becomes public, such as by requesting that certain documents be filed under seal. Our divorce attorneys in San Diego can advise you on which approach makes the most sense given the specifics of your situation.
The Role of Mediation in a High-Asset Divorce
Not every high-asset divorce has to turn into a courtroom battle. Mediation offers a way for both spouses to negotiate the terms of their divorce with the help of a neutral third party. It tends to be faster and less expensive than litigation, which makes it appealing in cases where both sides are willing to come to the table in good faith.
That said, mediation isn’t right for every situation. If one spouse is hiding assets or is refusing to cooperate in some way, litigation may be the only way to protect your interests. Our lead attorney is a trained family law mediator and can help you evaluate whether this is a realistic option for your case.
Schedule a Free Case Evaluation With a San Diego High-Asset Divorce Attorney
A high-asset divorce involves financial decisions that will affect the rest of your life. Having the right legal team behind you makes sure those decisions are based on accurate information and a clear understanding of what California law entitles you to.
San Diego Divorce Lawyers, APC has three decades of combined experience helping clients with important family law matters just like these. Contact our San Diego high-asset divorce lawyers today to schedule a free case evaluation and learn more about your best course of action. We’re ready to get to work on your behalf right away.
