When you’re facing divorce and significant wealth is on the line, the decisions you make now can shape your financial future for years to come. Whether you own a business, receive income from a trust, hold stock options, or maintain property across state or international borders, a high asset divorce comes with complex challenges — and high financial stakes.
You may be navigating:
- A major income gap between you and your spouse
Inherited family wealth or assets held in trust - Ownership in a closely held or family-run business
- Deferred compensation, RSUs, or unvested stock options
- Valuable collectibles, fine art, or luxury real estate
- Assets in other states or foreign jurisdictions
In these cases, working with an experienced high net worth divorce attorney is not optional — it’s essential.
At Schwartz, Fox & Saltzman, our Philadelphia-based attorneys have helped high-income individuals and families protect their wealth and future for over fifty years. We understand the financial, legal, and emotional complexities that come with high asset divorce, and we know how to craft strategies that preserve what you’ve worked hard to build.
How Does A High-Asset Divorce Differ From A Standard Divorce?
High-asset divorces involve complex wealth — think business interests, trusts, deferred compensation, multiple properties, and valuable investments. These cases require specialized legal and financial expertise to properly value assets, assess tax implications, and ensure a fair settlement.
Unlike standard divorces, the impact often extends beyond the couple to business partners, heirs, and others financially connected. A skilled high net worth divorce attorney works with forensic accountants, appraisers, and tax professionals to protect what you’ve built and avoid costly mistakes.
Understanding Your Finances in a High Asset Divorce
A high-asset divorce attorney must be creative in crafting settlement options for a high-wealth couple, considering all of the following:
Equitable Distribution
Pennsylvania is an equitable distribution state. Marital assets are subject to equitable distribution, not necessarily equal distribution, upon divorce regardless of who earned or obtained them.
Separate Assets
The couple may have earned or obtained assets prior to getting married. These are generally considered individual property and are not subject to equitable distribution. That said, a couple may have entered into a prenuptial agreement that established separate and individual assets regardless of when those assets were obtained. However, without a prenuptial agreement, the appreciation in value of these separate assets are considered marital property.
Out-of-State & International Assets
Out-of-state and international assets are a challenge to value, and a high worth divorce attorney must research the rules, regulations, and laws of the asset’s location to determine how and whether the asset can be transferred, and at what cost to the couple’s entire estate.
Inherited Assets
Inherited assets, whether inherited before or during marriage, are separate assets. However, the use of these assets during the marriage can alter the status of those assets.
Assets Acquired Prior to Your Marriage
Generally, property acquired and money earned prior to marriage is individual property, not marital property. Again, however, the increase in value of these premarital assets is marital property, absent a prenuptial agreement.se.
Tax Implications
In a high asset divorce, the parties must consider both the tax burden and the loss of tax benefits when crafting a property settlement agreement. A high asset divorce attorney will consult with an expert to ensure the couple has a complete and accurate picture of the tax implications of various settlement options.
Hidden Assets
In high net worth divorces, one spouse may attempt to conceal assets through trusts, hidden accounts, or undervalued property. A skilled attorney will use discovery tools and financial subpoenas to uncover what’s being withheld. Failing to disclose assets can lead to serious legal consequences.
Forensic Accounting & Lifestyle Analysis
Forensic accountants analyze financial records to reveal discrepancies, hidden income, or unreported assets. Lifestyle analysis helps determine whether reported income aligns with actual spending habits. These tools are essential in high asset cases where wealth may be intentionally obscured.
Manage Spending During Divorce Proceedings
To prevent unnecessary depletion of the couple’s estate, a high-asset divorce attorney and an economic consultant will help their client craft a fair budget that they can utilize both during and after the divorce.
Spousal Support & Alimony Pendente Lite Payments
In a high-asset divorce where one party earned or obtained much more of the marital assets, the other party may be entitled to payments during divorce proceedings (alimony pendente lite) and alimony when the divorce is final, depending upon factors such as:
- How long the parties were married
- The needs of the party receiving alimony
- Whether or not the dependent party has the ability to work
- Any extraordinary expenses.
If you believe you’re entitled to support, consult a high asset divorce lawyer early to preserve your rights and financial stability.
How Prenuptial & Postnuptial Agreements Factor Into High Net-Worth Divorce Cases
Prenuptial and postnuptial agreements can play a crucial role in high asset divorces, especially when one or both spouses enter the marriage with significant wealth. These agreements can define what’s considered separate property, outline how marital assets should be divided, and even address spousal support — all while helping avoid costly litigation.
However, not all agreements are automatically enforceable. Courts in Pennsylvania will assess whether the document was signed voluntarily, with full financial disclosure, and without coercion. If valid, a prenup or postnup can dramatically simplify the division of assets and protect business interests, family inheritances, and future income streams from becoming part of a contested marital estate.
Child Support & Custody in High Net Worth Divorce Cases
In high asset divorces, child support often includes expenses like private school, extracurriculars, luxury travel, and full-time childcare. While Pennsylvania uses support guidelines, courts can go beyond them to maintain the child’s established standard of living—especially when one parent has substantially more wealth.
Custody can also be more complicated when parents own multiple homes, travel often, or live internationally. In these cases, flexible parenting plans and detailed agreements help ensure stability and access for the child, while accounting for the unique demands of high net worth lifestyles.
Why You Need a High Asset Divorce Lawyer
A high asset divorce lawyer understands the financial complexity, legal strategy, and expert coordination required to protect your wealth, reputation, and future.
Experience Matters
If you and your spouse are considering divorce and this article in any way addressed your financial situation,be sure to engage an attorney with experience in high end divorces. The financial ramifications of not doing so can be catastrophic for you, your children and grandchildren, your business partners and employees, and anyone else who relies upon you financially.
Worrying with an effective high net worth divorce attorney with the experience to assess your estate and consult with the appropriate experts and professionals is very important.
Find Representation Early
The sooner you consult with an experienced high net worth divorce lawyer, the greater chance your assets will be protected and accurately assessed for value and tax implications, and the more likely you will secure a property settlement agreement that protects you as much as possible .
The High Asset Divorce Process: What To Expect
While no two high asset divorces are the same, most follow a structured legal and financial process. These cases often involve more time, expert involvement, and negotiation than standard divorces. Here’s what to expect:
- Initial Consultation & Attorney Engagement: Discuss your financial situation and goals with a high asset divorce attorney.
- Asset Identification & Valuation: Involves forensic accountants, appraisers, and business valuators to assess your full financial picture.
- Discovery Phase: Each party exchanges detailed financial records, including bank statements, tax returns, business interests, and trusts.
- Negotiation & Settlement: Attorneys work to divide property, address support, and resolve custody while minimizing tax impact and litigation.
- Litigation (if needed): If a settlement isn’t reached, the case proceeds to court where a judge makes final decisions.
Common Mistakes To Avoid In Your High Asset Divorce
High asset divorces come with serious risks—one wrong move can cost you millions or impact your legacy. Avoid these common mistakes by planning ahead and working with a trusted legal team:
- Failing to Hire the Right Attorney: Not all divorce lawyers understand high asset strategy, valuation, and tax consequences.
- Overlooking Hidden or Complex Assets: Stock options, trusts, and offshore accounts must be disclosed and properly valued.
- Commingling Separate and Marital Property: Mixing finances can convert separate assets into marital property.
- Neglecting Tax Implications: Poorly structured settlements can trigger unnecessary tax burdens or loss of deductions.
- Rushing the Process: Quick settlements often lead to missed assets or unfair terms—take time to get it right.
- Ignoring Estate Planning: Divorce impacts wills, trusts, and beneficiary designations—don’t leave them outdated.
Talk with an Experienced High Net Worth Attorney
Contact us today for help with your high asset divorce. We have over fifty years experience helping people in the Philadelphia area successfully negotiate their high worth divorces, and we can help you and your family too.