COMPLEX LITIGATION: What makes my case so ‘complex’?

In addition to the many issues that arise during a marital dissolution, individuals with high-net-worth and/or high-value assets can encounter several additional complexities that require the experience of attorneys capably equipped to assist them.
As in a marital dissolution with few or intermediate assets, high-asset cases cover a similar range of subjects, such as property division, spousal support, and child support, but present additional complexities that need to be addressed by attorneys with experience handling complex community property litigation.

Property Division

Property division in a high-value asset case can be incredibly complex and requires that marital assets be appropriately valued in order to protect and preserve a party’s finances. Individuals with high-value assets further often require assistance disentangling complicated financial and legal transactions related to their marital property, including the protection or division of:
– Real property
– Business interests, including partnerships, corporations, and professional practices
– Stock and investment income
– Retirement and pension accounts and more

It often always requires working with a network of forensic accountants and other financial professionals, including corporate attorneys, real estate appraisers, and tax specialists, who can assist clients in the valuation and protection of business assets as well in the preparation of a community property balance sheet for the purposes of property division.

Spousal Support

The marital standard of living in high-asset dissolutions is likely to be one of the most significant points of contention between the parties and is the one of the major bases upon which spousal support in a long-term marriage is granted. Working with our skilled forensic accountants, attorneys are able to prepare sophisticated cash-flow analyses and marital balance sheets, which are used to determine the marital standard of living and cash-flow for the purposes of a spousal support calculation.

Child Support

It is the law of the State of California that children have the right to be financially supported by both parents if possible. The amount of child support that each party pays is calculated based upon each party’s income and the amount of time that party spends with child.
Children of parents with high net worth are entitled to be maintained at a standard of living commensurate with the income and station of their parents. This can often pose complications for the high-income earner, whose child support obligation may be magnified substantially. Similarly, in the case where there is a non-earning spouse who cannot or does not contribute any earnings or assets to the marital income and property, a high-income earning spouse may be further burdened with paying a larger share of the child support obligation.
Regardless of whether a party is the high-income earner or seeking to obtain relief commensurate with that party’s standard of living, we believe in efficiently managing and safeguarding your assets while fiercely advocating on our clients’ behalf to achieve legal goals that will protect them and their families, as well as their financial interests.