Raleigh, NC High-Net-Worth Divorce Lawyers

High-net-worth divorces in North Carolina involve unique challenges and complexities, making it essential to work with experienced legal professionals like those at Triangle Smart Divorce who can protect your financial interests and secure your future!

Key Takeaways:

• High-net-worth divorces often involve diverse and non-traditional assets such as business interests, cryptocurrency, non-qualified plans, and international holdings, which require accurate identification and valuation. Our Raleigh high-net-worth divorce lawyers understand these considerations!
• Mediation offers high-net-worth couples a cost-effective, private, and expedited alternative to litigation while maintaining control over asset division and future tax considerations.
• Personalized strategies, including enforcing pre- and post-marital agreements and addressing support matters, are critical to getting you results with less headaches when the stakes are high.

Divorce is already a challenging matter to work through, but when you and your spouse have a high-net-worth, there’s an added layer of complexity that requires a strategic level of navigation. Both you and your spouse hopefully share the same common goals: protect the assets you worked hard to accrue and use the divorce process to build a solid foundation for your future financial stability.  Maybe you even want to leave a legacy for your family.  That’s where our Raleigh high-net-worth divorce lawyers step in to make sure you are being smart and avoiding stupid, costly mistakes.

Our Triangle Smart Divorce Team has over 200 years of collective experience, which includes high-net-worth divorces and dividing complex financial portfolios. We’ll take the time to analyze your financial situation so we have a complete understanding, then dive into your unique goals in-depth to create a strategy tailored to your situation. We have many friends and colleagues to assist us with knowing which assets are better to hold and which are better to fold based on your personal strategy.

Even if you’re still on the fence about whether divorce is the right step forward, it’s important  that you speak with an attorney as early on in the decision-making process (even before you commit to a decision) to put yourself in the best possible position if you do decide to separate. When the stakes are this high, preparation is key.

Reach out to our Team today to book a consultation and learn more about how our Raleigh high-net-worth divorce lawyers can give you an advantage.

Common Issues in Raleigh High-Net-Worth Divorces

Your assets will dictate whether you have a high-net-worth; generally speaking, if you have at least $1 million worth of liquid assets, you likely classify as having a high-net-worth. Those assets may take the form of:

• Interests in businesses
• Multiple forms of real estate
• International assets
• Stock options and RSUs
• Retirements and brokerage accounts
• Non-traditional assets like cryptocurrency, patents, copyrights, or NFTs
• Inheritances
• And more.

The more assets and the higher net-worth a couple has, the more complex the divorce can be, which is why experienced and personalized guidance is crucial. Our Raleigh high-net-worth divorce lawyers help you tactically address the highly-nuanced issues that are common in these types of divorces, including:

• Identifying assets – Couples with a high-net-worth may have their assets spread far apart, which may require a bit of tracking before they can be properly identified and accurately valued.
• Valuing and dividing business interests – In order to properly address interests you have in a  business, multiple factors must be taken into account, such as when the company was formed, its structure, whether the spouse helped with the business (and in what capacity), and more.
• Pre- and post-marital agreements –  Agreements (which are more common in high-net-worth marriages) typically override North Carolina law for classifying, valuing, and dividing assets, so long as they are valid Agreements. You should inform our Team as soon as possible if you have either a premarital or postmarital agreement.
• Alimony and child support – Support matters require careful attention in high-net-worth divorces. Currently, the North Carolina Child Support Guidelines do not apply to families where the parents earn more than a combined $400,000 a year. That includes income from all sources, even some things, like gifts from family members, as well as benefits or perks for a self-employed person. The IRS has its own definition of income but North Carolina’s laws on child support and alimony do not follow the same definition.

Why High-Net-Worth Couples Commonly Choose to Mediate Their Divorce

Mediation is often the best choice for high-net-worth couples who are working to reach a divorce agreement because of the unique assets and interests involved. Here are a few reasons why:

• Mediation is cost-effective – If you’re able to reach an amicable resolution outside of court, you can mitigate the loss to preserve your estate’s value.
• Mediation keeps you in control – When you ask the court to decide issues  in your divorce, you are essentially giving up a significant amount of control over your marital property, which could have an especially negative impact if things like family heirlooms or other sentimental items are involved.
• Tax events can be addressed proactively – The court has limited legal authority to address potential future tax events; however, in mediation, you can proactively address income and business tax considerations with far fewer restrictions, taking into account the way most people look at the value of assets and the future income potential, rather than a snapshot in time as of the date of separation with little to no consideration of embedded taxes like the Court has to do according to North Carolina law.
• Mediation speeds the process up – Another pitfall of asking the court to be involved is that its time frame is slow, tedious, and fragmented, which can cause your divorce to be stretched out, possibly even for years. Mediation focuses on finding common ground which helps to eliminate court involvement. Also, you can resolve all of your issues except the divorce itself in mediation, saving yourself the time, energy, and expense of many, many court appearances by your and your lawyer (and your expert witnesses).
• Mediation is private – Because mediation happens outside of court, your private information won’t become public record (unless you have a Consent Order with lots of details), which is important to many, but especially to high-net-worth individuals who value privacy.

That being said, the choice of whether or not to mediate is still, ultimately, up to you. While we encourage our clients to avoid escalating matters to court as much as possible – especially in high-net-worth scenarios – we will never back down from a fight when it’s necessary. Our Raleigh high-net-worth divorce lawyers are skilled and assertive litigators who will work tirelessly to protect your interests and advocate for you, your family, and your assets.

Trust Our Raleigh High-Net-Worth Divorce Lawyers To Protect Your Financial Future

Our approach to complicated divorce matters is rooted in Service, Mindfulness, Authenticity, Responsibility, and Truth – which is how we help you achieve a SMART divorce that allows you to move forward peacefully. Whether you’re still considering your options or ready to take action, we’re here to help. Call today to request your initial consultation and learn more.

Frequently Asked Questions About High-Net-Worth Divorce in Raleigh

What if my spouse is hiding money from me?

This is not legal. If one spouse does not fully disclose her assets, she may be subject to penalties set forth by the judge, such as additional fines and fees.  In some cases, forensic accountants can be brought in during the separation and divorce process to track down hidden assets, challenge expenses, and make sure all financial matters are properly addressed.

What if my spouse tries to spend down our assets?

While not technically illegal, dissipating marital assets is improper and can also have consequences for your spouse. However, the burden to prove this typically falls on the accusing spouse – i.e., you. If their actions have significantly impacted the total marital property available for division, our Raleigh high-net-worth divorce lawyers will pursue remedies such as adjusting the asset distribution in your favor, seeking reimbursement, locking down the assets with a restraining order, or even requesting that the court hold your spouse accountable.

If my spouse had an affair, am I entitled to more of the assets?

In North Carolina, the courts generally divide marital assets equitably, but that doesn’t automatically mean a 50/50 split. While an affair can impact alimony, it doesn’t directly result in a larger share of the assets. However, if the affair involved the misuse of marital funds (like spending money on the affair), it could be factored into the asset division.It’s best if you speak directly to a member of our Team regarding your specific situation and goals so that they can help you determine the best course of action – book your consultation today.