The Blanch Law Firm meets the Matrimonial Law needs of High Net Worth or high income producing clients by advising expertly on the full range of available property division options, such as Pre-Nuptial Agreements and Post-Nuptial Agreements, and distribution of assets or earnings subsequent to a legal separation or contested divorce.

Knowledgeable, experienced, and thorough, our top-notch Divorce Lawyers are known for their single-minded devotion to protecting vigorously our clients’ financial interests should matters become litigious.

Protecting Earnings When Faced with Division of Property

In the event of divorce, a court will decide how to divide spousal property, including the spouses’ income and earnings and their respective earnings potential. In states following the legal precept of “Equitable Distribution,” a court will inevitably split the spouses’ assets and debts equally between them.

Equitable Distribution Problems for High Income Earners

A spouse having high earnings or its potential is vulnerable when faced with court-ordered division of spousal income and assets. The amount of alimony (also known as spousal support or maintenance) that the court will order one spouse to pay to the other is a function of income and earnings. An individual who built a business or professional practice, or who may be well-remunerated through executive compensation, or who owns a privately-held corporation, can be placed in a disadvantageous position. For example, if the client’s spouse was a housewife who took care of the children throughout the marriage, the court often deem the spouse to have contributed a fifty percent share to the growth of all assets, income, and property accumulated during the marriage.

Determining Marital Property Division, including Earnings

In determining how to divide spousal property, the court considers six factors:

1. Duration of the marriage
2. Nature and amount of property “held in common” by both spouses, also known as “community property.”
3. Nature and amount of property owned separately by each spouse.
4. Bills for which each spouse is separately responsible;
5. The current financial circumstances of each party;
6. Any other special circumstances affecting either party.

The court will also order spouses to divide payments that they must make in the future to cover bills (including the entire range of the couple’s debts), imposing these obligations according to the circumstances in which they were accrued respectively by the parties. For accounts consisting of joint obligation and acceptance, such as mortgages and loans, this generally means that both spouses are jointly liable to repay them.

A spouse who allowed the other to pile up credit card debt may again be placed at a disadvantage when burdened with financial liability for a partner’s mistakes or spendthrift lifestyle.

Aggressive Divorce Lawyers Protecting Financial Interests

Spouses can protect their respective property rights and earnings prior to marriage. The method for accomplishing this mutually agreeable distribution is a pre-nuptial contract or “prenup.” The parties may also agree on division of spousal property even after there are married, which is accomplished through a post-nuptial agreement. However, in Pre-nuptial Agreement and Post-nuptial Agreement matters involving high-earning or high net worth clients, The Blanch Law Firm advises against having one lawyer for both spouses. Because the separate interests of both spouses cannot be represented adequately by a single attorney, each party should have independent legal counsel.

Our expert divorce lawyers advise clients on concerns about division of bills, assets and liabilities, including distribution of earnings, in the event of a contested divorce. Because these disputes often end in “settlement agreements,” to which both parties commit without requiring the intervention of the judge, our attorneys are experts at predicting the full range of available options on division of spousal property, income, and earnings. We will put in place an agreement that is not only favorable to the client but also satisfactory to the court.

To arrange for an initial consultation, Contact The Blanch Law Firm by calling (877) DIV-ATTY.