San Juan Capistrano High Net Worth Divorce Lawyer

San Juan Capistrano High Net Worth Divorce Attorney

If you are seeking legal advice from a San Juan Capistrano high net worth divorce lawyer, contact Quinn & Dworakowski, LLP. We understand that divorce is an emotional and stressful experience. It is also a complex legal process. You should have an advocate on your side who can protect your rights and your future.

At Quinn & Dworakowski, LLP, we listen to you and your concerns, explain your options, and help you develop a strategy tailored to your specific goals and interests. You are not alone.

Hire a High Net Worth Divorce Lawyer

The skilled attorneys at Quinn & Dworakowski, LLP represent individuals in San Juan Capistrano and throughout Southern California with divorce and complex family law issues. We have experience with high net worth divorces involving significant marital assets and businesses. We also have experience with complicated child support and spousal support disputes.

Our dedicated legal team handles your case with attention to detail, procedural understanding, and pragmatic strategy. You benefit from meticulous preparation, straightforward communication, and a seasoned advocate familiar with Orange County family court.

Characterization and Tracing Separate Property

Characterization is an issue frequently contested in high net worth divorces. It is not uncommon for one party to claim community interest in assets that were actually acquired before marriage, inherited, gifted, or acquired after separation. When separate property commingles with community funds or is utilized during marriage, tracing may be required to establish the source of funds.

The purpose of tracing is to analyze financial records to determine where the money originally came from and if any portion of the asset has become community property. Additionally, appreciation, refinancing, and reinvesting can complicate matters. Characterization issues must be decided before the division of assets at the end of the divorce.

Executive Compensation and Deferred Income Issues

In many cases, individuals with higher incomes do not solely make a traditional base salary. There may be bonuses, stock options, restricted stock units, profit participation plans, or deferred compensation dollars earned by the spouse. There may be issues as to whether those dollars are community property or separate property based on when the income was earned and for what purpose the award was given.

For example, some awards may have been given for past performance or as an incentive to work for the company in the future. Valuation and allocation questions may need to be analyzed.

Vesting, employment agreements, and tax consequences are also issues that go into play when analyzing these types of income. Often, due to the nature of this type of income being illiquid or earned throughout future employment, courts look to financial documents to determine how these assets should be treated when dividing property.

Prenups and Postnups in High Net Worth Divorces

Some high-asset couples enter their marriages with prenuptial agreements or sign postnuptial agreements after marriage. These agreements can include provisions, including but not limited to the following, started before or during the marriage:

• property ownership
• inheritance
• salaries earned during marriage
• limits on spousal support
• ownership interests in businesses

Disputes may arise as to the validity or applicability of a marital agreement. One spouse may claim that there is an enforceable agreement that limits property rights. The other spouse may claim that the agreement was not executed properly or does not apply to the circumstances of the divorce.

The court looks at issues of disclosure, voluntary separation, and any material changes in financial circumstances at the time the agreement was signed and at the time of divorce. If a marital agreement exists, it can greatly impact the issues of property and spousal support.

Spousal Support for High-Income Earners

Similar to property division, spousal support is not always cut and dry with high-income earners. While many courts look at both parties’ incomes to determine if spousal support should be awarded, others look deeper into the marital standard of living, consistency of pay, earning capacity, and contribution of a spouse to the marriage.

In many cases, with higher incomes, pay may fluctuate based on performance, be in the form of bonuses or stock options rather than wages, or consist of distributions from investments. This can impact temporary spousal support, post-judgment spousal support, or both. Tax consequences and the ability to maintain a certain lifestyle after divorce may be considered as well.

FAQs About San Juan Capistrano, CA High Net Worth Divorce Laws

Is Mediation an Option in High Net Worth Divorce Cases?

Mediation is an option in many high net worth cases. Depending on the issues in dispute and each spouse’s willingness to compromise, mediation isn’t necessarily off the table just because more money is involved. Some high net worth couples opt for mediation to keep their finances out of the public court records or maintain as much control of the outcome as possible. However, mediation may not be a good fit in every high-asset divorce.

Can Divorce Impact Long-Term Financial Planning?

Yes, divorce can impact long-term financial planning. One area of financial planning that divorce can impact is your long-term plans. Depending on the changes in assets, income, and expenses, you may need to update your retirement plans, estate plan, investment portfolio, or other long-term finances. For many divorcing spouses, the divorce decree may just be the beginning of financial changes.

Are All High Net Worth Divorces Litigated in Court?

No, not all high net worth divorces are litigated in court. Even in cases that go to trial, there is a chance that the matter does not actually end up in front of a judge. From negotiation and settlement conferences to alternative dispute resolution, high-asset divorces can be resolved without litigating the case fully. There may be court appearances for procedural issues, but your case does not automatically go to trial simply because there is a high net worth involved.

How Often Does Divorce Occur at the State and National Levels?

At the state level, California reports 5.88 divorces per 1,000 people. Nationally, the divorce rate is 2.4 per 1,000 people. These figures are commonly cited to describe how frequently divorces occur within California compared to across the United States, offering a general measure of divorce prevalence rather than insight into specific legal or financial circumstances.

Contact a San Juan Capistrano High Net Worth Divorce Lawyer

Our high net worth divorce attorneys in San Juan Capistrano understand that a divorce with large assets and incomes can be a complex legal challenge. Quinn & Dworakowski, LLP, represents many individuals with complicated marital estates. Schedule a consultation to discuss your situation and hire a high net worth divorce lawyer who can handle your high-profile divorce.