Finding A New Path Forward

4 tips for navigating high-asset divorce in Illinois

On Behalf of | Aug 22, 2023 | Family Law |

As of 2021, the Centers for Disease Control and Prevention reports the divorce rate is 2.5 per 1,000 population in the United States. It can happen to anyone.

Divorce can be a complex and challenging process, especially when a couple has significant assets. When a couple has high-value assets, special attention and consideration are a must to ensure fairness.

1. Take care with the valuation of assets

One of the central challenges in any divorce is accurately valuing marital assets. In a situation of significant means, these assets may include real estate, investments, businesses and valuable collections. Properly assessing the value of these assets is crucial for ensuring a fair distribution during the divorce settlement.

2. Understand the concept of equitable distribution

Illinois follows the concept of equitable distribution. Equitable distribution is where the court divides marital assets fairly but not necessarily equally. Courts consider factors such as each spouse’s contribution to the marriage, their financial circumstances and the length of the marriage impact the determination of asset division.

3. Consider prenuptial agreements

Prenuptial agreements play a significant role in high-asset divorces. These agreements outline the division of property if a divorce occurs. If a valid prenup exists, it can greatly influence divorce proceedings.

4. Research tax implications

High-asset divorces often have significant tax implications for both parties. Transferring property between spouses can trigger tax consequences, and it’s essential to consider these potential outcomes when negotiating the division of assets.

Navigating a high-asset divorce requires careful consideration of various factors. Understanding these aspects can help you make informed decisions and work towards a fair and equitable resolution during this challenging time.