
The key to an optimal outcome in high-asset divorces is accurate valuation of all assets. The divorce process is as painful and life-altering as any other divorce. What complicates a high-asset divorce is the types of assets and how they are broken down, valued, and split. An experienced Dallas high-asset divorce lawyer at Young Law Firm, LLC, can help you navigate Georgia divorce law and financial analysis.
Most high-asset divorces involve a jointly owned or operated business, multiple real estate properties, retirement, and investment accounts. Couples need not only legal guidance and representation they can trust, but a legal guide familiar with how Georgia defines and divides marital and commingled property in a divorce.
The first step to evaluating a complex set of assets is determining property type. Separate property is not subject to division and typically includes assets owned before the marriage, and that is not commingled during the marriage. Inheritances or gifts given to one spouse specifically can be separate property.
Marital property includes all assets acquired during the marriage. A home where the spouse contributes to payments or helps with repairs or enhancements can qualify as marital property even if it was purchased before the marriage. As a married couple, you may buy a second or vacation home, or keep one home as a rental business. All of these properties are marital assets.
The same applies to financial assets like investment accounts or stocks. When valuing financial accounts, one must account for both current and estimated future value. If during the marriage a spouse contributed to these accounts, they can be considered marital property. The same holds true for a family business, regardless of whether the business started prior to the marriage. In other words, it can get complicated quickly.
As of 2023, the divorce rate in Georgia is 2.2 per 1000 people, which is below the U.S. national average. Divorce rates nationwide in 2024 are 30% lower among wealthy couples and those with high asset values. Georgia divorce law aims to divide marital assets fairly rather than equally. When a high-asset couple divorces, it takes an experienced Dallas property division lawyer to pursue a truly fair distribution of assets based on current and future value.
During a high-asset divorce, the court considers the length of marriage, each spouse’s assets, any prenuptial or other type of agreements, income, and future earning capacity.
Additionally, Georgia law can consider who is at fault and why. If a high-asset divorce case includes a spouse who commits adultery or is abusive, then the estate may be distributed in favor of the other spouse. If you are facing a complex, high-asset divorce that involves at-fault factors, a qualified Dallas high-asset divorce attorney is crucial.
You can contact the Marietta office of Young Law Firm, LLC today
A high-asset divorce case equitable division includes valuation and determining how to split businesses, investments, and properties fairly between spouses. Many high-asset divorces can include prenuptial or postnuptial agreements, which either simplify the divorce proceedings or add to the complexity if any portion of the agreement can be challenged.
Hire a high-asset divorce lawyer from Young Law Firm, LLC, locally in Dallas. Attorney Diana Whipkey Young provides clients with the benefit of her decades of legal and financial experience to pursue an optimal outcome. Our Dallas divorce lawyer is committed to protecting your rights and interests and working toward your desired result.
The assets considered separate property are generally untouchable in a Georgia divorce. Separate property means the assets are not subject to equitable property division. Separate assets are those owned prior to the date of the marriage, gifts or inheritances received solely by one spouse, and some personal items, assuming the assets are not commingled but managed and retained separately.
If a couple has a legal prenuptial or postnuptial agreement, assets included in that agreement are protected.
You are disqualified or barred from receiving alimony or spousal support in Georgia if you commit adultery. Georgia law includes an exception for adultery that eliminates spousal support obligations. Proof of adultery bars the cheating spouse from receiving any spousal support.
If you are granted alimony and then remarry, your alimony is automatically terminated. If you live with a new romantic partner, the person paying your support can petition the court to terminate support payments. Contact a Dallas spousal support lawyer for more info.
Yes, your spouse may be entitled to a portion of a house in Georgia even if the title is in a single name. Georgia is an equitable distribution state, meaning the court decides how the marital assets are divided. If your spouse contributed to the house in any way, it becomes marital property regardless of the title. If you have a legal prenuptial or postnuptial agreement that states the home is yours, then it may be protected from equitable division.
Yes, there are legal penalties for trying to hide assets during a divorce in Georgia. Georgia courts typically award any non-reported assets to the other spouse, and then can make the spouse attempting to defraud the court pay all attorneys’ fees, fines, and face separate criminal charges. Criminal charges may lead to contempt of court or criminal charges for fraud or perjury. Both court and criminal charges can include both fines and jail time.
Choosing an attorney from the Young Law Firm, LLC, gives you a Dallas family lawyer you can trust and a legal team that is client-focused and experienced with high-asset divorce laws in Georgia. Our founding attorney, Diana Whipkey Young, is passionate about client satisfaction and treating clients with respect. Contact us today, or call us at 770-758-8162 to get started.