Separate property acquired before marriage is not typically split up in a high net worth divorce. This includes gifts, inheritances, trust funds, or even real estate, but some exceptions can enter into force and turn such assets into marital property.
Every divorce comes with its own complications and obstacles, but high net worth divorces are generally much more complex because of the assets involved.
Therefore, it is essential to understand what assets are not subject to division and that you need to protect.
Courts recognize that parting spouses may own some property that is separate from what they accumulated as a marital couple, which is generally excluded from a high net worth divorce resolution. When dividing property, it is necessary to identify, value, and properly categorize the assets as:
The property that a spouse brings into the marriage is usually untouchable; however, the circumstances can change if the old property has become commingled with marital property (when the other spouse contributes to increasing its value):
Assets in a high net worth divorce that are considered separate property can turn out to be marital property, and proving ownership is a challenging task. The Law Offices of Sean M. Cleary has the expertise to determine separate vs. marital property and protect your rights and the assets you brought to your marriage.