Sandy Springs High-Asset Divorce Lawyer

A high-asset divorce can be an arduous process, and you may be concerned about how to best protect your property rights. High-net worth cases often involve complicated financial evidence and disagreements between divorcing spouses.

A Sandy Springs high asset divorce lawyer can provide the legal assistance you need to protect your interests. Working with an experienced divorce attorney can improve your chances of securing a favorable outcome in your case.

Protecting Property Rights in High-Value Divorce Cases

Upon filing or being served with divorce papers, many people wish to take proactive steps to protect their valuable assets. However, some actions which a person may see as safeguarding their property rights could actually hurt their case in court.

For example, some people believe that spending or using assets will prevent those assets from being distributed upon divorce. However, spending unusual sums of money on vacations or large purchases in anticipation of a divorce can be considered as marital waste or dissipation. This would ultimately penalize the spending party.

Additionally, Official Code of Georgia Annotated §19-5-7 restricts parties from transferring certain assets after a divorce is filed. If a person is concerned about safeguarding their property while a divorce is pending, hiring legal counsel can help. A local high-net worth divorce attorney can take effective legal action to defend valuable property on a spouse’s behalf.

Separate Assets and Antenuptial Agreements

High-asset divorces frequently involve organizing separate property, which is not subject to the equitable distribution upon divorce. According to O.C.G.A. §19-3-9 and case law, separate property refers to assets which were:

• Owned before marriage;
• Received as a gift; and
• Acquired through inheritance.

Additionally, wealthy couples sometimes enter into antenuptial agreements, which are also known as prenuptial agreements. These agreements can determine a couple’s property rights in the event of a death or divorce and are permitted under O.C.G.A. §19-3-60.

Unfortunately, couples do not always agree on whether a piece of property is separate or whether the court should enforce an antenuptial agreement. The outcome of these disagreements can have an immense impact on a person’s finances. An attorney in Sandy Springs can work diligently to protect your rights during a high-net worth divorce.

How Do Georgia Courts Divide Property?

When you do not have a prenuptial agreement, Georgia courts use the equitable distribution principle to determine how to divide your property. Under equitable distribution each spouse takes a fair but not necessarily equal share of the couple’s marital property.

Family court judges consider numerous factors when deciding how to divide marital property. They will consider each spouse’s economic and non-economic contributions to the household during the marriage. They will also evaluate each spouse’s ability to support themselves post-divorce.

If one spouse will be caring for young children most of the time, they might receive more marital property so they can stay at home. If one spouse has much more separate property than the other, the poorer spouse might get more marital property. Our Sandy Springs attorneys can explain in detail the factors a family court judge might find relevant in your high-asset divorce.

Alimony and Child Support Can Be Complex in High-Asset Divorces

When you have minor children, you must include child support in your divorce arrangements. Alimony, often called spousal support, is not mandatory but it is often sought and awarded in high-net-worth divorces.

Child support is typically decided by a formula, but the Official Code of Georgia §19-6-15 allows deviations to the formula amount when a couple’s monthly combined income exceeds $40,000. Family court judges try to ensure that children do not experience a decline in their standard of living due to divorce. If your pre-divorce lifestyle was lavish, the family court might make a substantial child support award to maintain the children’s privileges.

When one spouse is financially dependent on the other, family court judges may award alimony if the dependent spouse asks for it. Spousal support almost always has a termination date unless there is little possibility that the recipient spouse can join the work force and become self-supporting. Our Sandy Springs attorneys can pursue or defend a request for spousal support.

Litigating a High-Net Worth Divorce

Evidence in local high-value divorce cases often includes financial records such as account statements or tax returns. Legal counsel may summon an expert to skillfully present evidence and testimony to help a judge or jury understand intricate and complex financial matters.

Furthermore, a forensic accountant or appraiser could prove the value of marital assets. A person could also benefit from having their attorney thoroughly cross-examine any witnesses called by the opposing spouse.

However, litigation is costly and causes delays as you must accommodate the court’s docket. The outcome is uncertain because the judge or jury may not evaluate information in the way you anticipate. Litigated divorces are public may damage the reputation of one or both parties.

Negotiation Has Numerous Advantages for a High Net-Worth Couple

A negotiated settlement can be especially beneficial for a wealthy couple. You are free to reach a settlement that does not meet the equitable distribution standard as long as both spouses agree and the settlement is not outrageously one-sided. Our Sandy Springs legal team will work closely with you throughout the negotiations to ensure you understand your rights and the short and long-term impact of a financial settlement.

Mediation is effective for many couples with substantial assets. When finances are complex, several mediation sessions may be required to reach an agreement. If mediation is not appropriate because of a history of domestic violence or your inability to communicate constructively with each other, the attorneys can negotiate directly.

A negotiated settlement keeps control in the spouses’ hands, rather than leaving the decision to a judge or jury. Mediation and pretrial negotiations are confidential, unlike court testimony. A judge must review any property settlement you submit before including it in the divorce decree, but the family courts usually approve negotiated agreements, especially when both spouses have legal representation.

Let a Sandy Springs High-Asset Divorce Attorney Help

Safeguarding your property rights in a high-asset divorce is a challenging but important task. Implementing the right legal strategy from the beginning of your case could improve your chances of protecting valuable assets.

Secure your finances by letting a Sandy Springs high-asset divorce lawyer fight for your rights. Call now to speak with our intake team.