Cross Glazier Burroughs, PC

What factors affect property division in a high asset divorce?

Property division is often an issue during a divorce, but when it is a high asset divorce, a lot more may be at stake than just the house or the car. In many marriages, it is not unusual for one spouse to have a higher income than the other. This may seem like a good thing when a couple is happily married, but when it comes time to divorce, the spouse with the higher income may find that their net worth could affect how property and assets are divided.

The following factors can affect property division in a high asset divorce:

  • Fault.
  • If there is a child, which parent has custody.
  • Each spouse's earning capacity.
  • Differences in the income of each spouse.

When these factors are considered, depending on what is found, courts may decide that dividing the property and assets evenly is unfair. When this happens, property may be distributed unevenly and the spouse who has the higher net worth may be the one to be awarded a smaller distribution of the property and assets. This can occur despite community property laws that a state may have about property being distributed evenly in divorces. Not only may a spouse find it confusing that they have to share property they thought was nonmarital, they may also find that the judge's decision to distribute things unevenly was unfair.

If you have found that you or your spouse is the high-income earner and you are planning to file for divorce, a high net worth divorce attorney may be able to assist. In certain situations, one spouse may deserve more or less than other and with the help of an attorney, spouses may be able to walk away with a fair portion of their property and assets.

No Comments

Leave a comment
Comment Information
Email Us for A Response

We Are Available To You

Our attorneys are distinguished and respected as family lawyers in Indianapolis and throughout Indiana.

We Are Available To You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location:
11595 North Meridian Street, Suite 110
Carmel, IN 46032

Toll Free: 800-461-7459
Toll Free: 800-461-7459
Phone: 317-669-9134
Phone: 317-669-9134
Carmel Law Office Map