Auburn Hills High-Asset Divorce Attorneys

Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Attorneys  Eisenberg & Spilman, PLLC Eisenberg & Spilman, PLLC Attorneys  Eisenberg & Spilman, PLLC
Home | Michigan Family Law Firm | Auburn Hills High-Asset Divorce Attorneys

No matter the circumstances, divorce can be difficult. However, Auburn Hills divorces involving high-value assets and estates are particularly challenging for numerous reasons, ranging from the size of the estate and the nature of assets to property division considerations and tax implications. If you are considering a divorce involving high-value assets, you need an accomplished and experienced attorney who can represent your interests and ensure a fair and equitable divorce proceeding.

The attorneys at Eisenberg & Spilman, PLLC, have decades of collective experience negotiating high-asset divorces and can represent your interests to achieve a positive resolution to your divorce proceedings High-value asset divorces often raise tensions, and emotions can boil over, it is important to retain a highly skilled and experienced attorney who can negotiate your divorce from a position of strength.

Contact us today to speak to a high-asset divorce attorney serving Auburn Hills.

Why Do I Need a High Asset Divorce Attorney?

Many high-asset divorces are contested in Auburn Hills, which can create an extremely stressful experience. Even when divorce is amicable, the legal structure of high-value estates is complex and challenging to untangle.

Michigan is an equitable division property estate, so marital assets are not  simply divided 50/50 between spouses upon divorce. Instead, marital assets are divided according to a fair and equitable distribution. The terms ‘fair and equitable’ are not explicitly defined but decided on a case-by-case basis. Although courts might generally favor more equal splits, several factors can affect the distribution of assets, such as:

  • Each spouse’s income
  • Separate property ownership
  • Lifestyle
  • Childcare needs
  • Physical/mental health
  • Marital conduct
  • Reasons for divorce
  • Debt responsibility
  • Pre-marital Property
  • Gifts

An attorney can argue forcefully and persuasively for an equitable share of the marital assets and pursue a reasonable and agreeable outcome for both sides. They can also assist with other legal aspects of high-asset divorces in Auburn Hills, such as negotiating child support and spousal support payment arrangements.

Common Legal Issues in High Asset Divorces

Given the nature of high-asset divorces, they present several unique issues that may not be relevant in other types of divorce. Some of the main complications in high-asset divorces in Auburn Hills can include:

Identifying Assets

High-value estates may have a diverse range of assets, making it challenging to accurately identify everything that needs consideration. In some cases, one party might try to hide assets from another to shield them from proceedings. Asset identification is significantly more complex if spouses have mixed marital and non-marital assets, as is often the case in wealthy estates.

Valuing Assets

Certain types of assets, such as business interest, vehicles, and art, might be intrinsically difficult to place a value on. Appraising the value of atypical assets is a key aspect of ensuring fair divorce proceedings with high-value estates. Having an attorney who is knowledgeable in the valuation of these assets is absolutely vital.

Allocating Debt

High-value estates may also have large amounts of debt. Debt taken on during marriage is usually considered the responsibility of both spouses, while personal debts from before marriage remain separate. Various factors can affect how courts allocate debt after a divorce.

Tax Implications

Many high-net-worth families structure their estates to benefit from tax advantages. Divorce and the division assets have a significant effect on taxation and may require each spouse to reevaluate their finances.

International Assets

Many high-value estates have holdings in foreign countries that may not be subject to US laws and regulations. These international assets might carry additional property division or tax implications.

Child/Spousal Support

High net-worth individuals are accustomed to a specific standard of life and childcare. Part of negotiating divorce in high-asset cases is creating payment arrangements so spouses and children can maintain their current quality of life.

Prenuptial Agreements

A prenuptial agreement might be in place when one or both spouses have a high net worth. While prenups are legally valid, they are not absolute, and Michigan courts may not enforce prenuptial agreements that are not fair or not signed under appropriate circumstances.

Evaluating High-Value Assets

High net-worth families have diverse estates comprising a broad range of asset classes. Some of the most important types of assets to account for in high-asset divorce include:

  • Business assets. Relevant business assets could include ownership shares, commercial real estate, product inventories, business equipment/technology, and patents or intellectual property.
  • Retirement accounts. IRAs or 401(k) accounts acquired during marriage can be subject to division during divorce. Separate accounts acquired before marriage generally stay with the individual unless the other spouse has since contributed.
  • Investment accounts. When dividing investment securities, courts should remain account for the present and future expected value of said assets Taking into consideration the tax implications on those assets.
  • Real estate. Primary residences, vacation homes, rental properties, and other types of real estate are subject to Michigan’s fair and equitable division rules. Courts will assess both spouse’s needs when dividing marital property.
  • Vehicles such as cars, motorcycles, and boats are easy to transport and conceal during divorces.
  • Jewelry, art, antiques, and other collectibles can be difficult to appraise and easy to conceal, making an accurate assessment of assets even more important.

Expert Witnesses and High-Value Asset Divorces

Tracking and identifying high-value assets may require a substantial amount of investigative work. To that end, our firm is comfortable working with relevant experts to offer the skills and knowledge as testimony.

  • Forensic accounts can track account activity, identify joint assets, monitor transfers, and locate concealed property/assets.
  • Real estate professionals can accurately establish the value of any real estate holdings and expected revenue (e.g., rental income).
  • Antique and collectible appraisers can assess the value of atypical assets and possessions, like jewelry, furniture, musical instruments, artwork, and more.
  • Vocational professionals can attest to each spouse’s physical and mental condition and their ability to maintain gainful employment and provide for children.

We are meticulous in our approach and will examine your case from every angle to provide the most comprehensive account of divorce assets.

How Our Attorneys Can Help You

A high-asset divorce can be a lengthy process and may require several court hearings, mediation, and arbitration sessions. Without the appropriate knowledge of Michigan’s divorce laws and the legal structure of marital assets, it will be extraordinarily difficult to ensure you will receive a fair and acceptable outcome.

The attorneys at Eisenberg & Spilman, PLLC, dedicate themselves to helping Michigan residents embroiled in high-asset divorces. We understand that every case is unique and rely on a personalized approach that meets clients where they are. You can count on us to effectively and efficiently handle every legal issue concerning your divorce. More specifically, our attorneys can:

  • Identify which assets are marital and separate property and assign appropriate values to them.
  • Find hidden assets and track down international assets spouses might try to conceal
  • Draft property division agreements based on a fair and equitable distribution standard
  • Evaluate business assets, including real estate and ownership shares
  • Work through tax implications of splitting an estate to reduce or eliminate tax obligations
  • Initiate formal divorce proceedings
  • Maintain privacy and confidentiality with all divorce aspects
  • Represent clients at divorce proceedings, child custody hearings, etc.

We are confident in our ability to navigate clients through divorce proceedings to eliminate uncertainty and pursue a fair outcome for all parties involved. Call our office today for a case consultation with a high-value asset divorce attorney serving Auburn Hills. We can review the details of your divorce, suggest options that would advance your position, and advise you on what to do next.