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High Asset Divorce

High Asset Divorce: A Complex Issue

A higher than average amount or value of assets can add an additional layer of complexity to the divorce process. When dividing community property or determining income to figure out child or spousal support, guidance from an experienced divorce lawyer can be vital to the protection of your interests.

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At the law office of Phillip A. Linder, we provide skilled representation for a range of divorce and family law matters, including high-asset divorce and family law litigation. Our Dallas attorney and legal staff understand the intricacies of identifying, valuating and dividing community property. We will work closely with you to understand your situation and your assets, working toward the end goal of the most favorable division of your marital property.

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A Comprehensive Review Of Your Community And Separate Property

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When dealing with complex property division, it can be difficult to ascertain the value of businesses, real estate and other high-value assets. Our knowledgeable legal team is prepared to perform a meticulous review of you and your spouse’s assets, working with financial experts to discover and determine the value of the following:

 

  • The marital home

  • Vacation homes

  • Commercial and residential investment properties

  • Private businesses

  • Retirement accounts — including pensions, 401(k)s and IRAs

  • Stock portfolios

  • Automobiles, fine art, jewelry and other valuables

  • Hidden assets

 

We also will thoroughly review tax returns, bank accounts and other financial documents to determine income for
spousal support or child support payments, if applicable to your situation.

Business Valuation

BUSINESS VALUATION

In many asset division proceedings, the most difficult part of the process can be determining a fair value for each asset. This can be especially true in cases involving privately held businesses or other complex assets.

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Having a Dallas divorce attorney with business valuation experience and the ability to resolve sophisticated property division matters is essential.

At the law office of Phillip A. Linder, we provide skillful representation in a wide variety of these cases. We have a complete understanding of the laws surrounding property division, and we know how to approach them in a way that seeks to protect your interests to the fullest possible extent.

 

We enlist the help of valuation experts who can assign an accurate value to each asset so that we have a clear understanding of the total value before division begins.

Understanding Business Division In A Texas Divorce

 

The division of a privately held business may be one of the most misunderstood aspects of a Texas divorce. There is a strong misconception that, in any divorce involving a privately held business, each spouse is entitled to half of the value of the owning spouse’s share. This is only true in cases where the business was established during the marriage. If the business was established before the marriage, it can limit the non owner spouse’s claim.

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We carefully review each case to determine an accurate value of the business and what portion of the business can be considered community property. There are a number of ways that the division can be handled, including the sale of the business, one spouse “buying out” the other spouse’s interest in the business and offsetting the non owner spouse’s interest with a larger share of the other community assets. We will advise you on your options and give you our best recommendation about how to proceed.

Retirement Acct Valuations

Protecting Your Financial And Tax Interests

 

 

When dividing 401(k)s, IRAs, pensions and other retirement accounts during a divorce, it is important to address potential tax implications. A qualified domestic relations order (QDRO) is one way to protect your financial and tax interests. Through a QDRO, one spouse can transfer a share of his or her retirement funds to the other spouse. QDROs are required for retirement plans that are subject to the Employee Retirement Income Security Act (ERISA).

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Attorney Phillip Linder can work with you to determine if a QDRO is required in your situation, and help to prepare the necessary documentations to comply with ERISA guidelines and send to the plan administrator for approval. If a QDRO is not necessary or applicable to your situation, Mr. Linder will work with you to find the retirement division solutions that provide you with the greatest possible advantage.

PENSION, 401(k) & IRA DIVISION

The equity earned on retirement benefits over the course of your marriage is considered community property and must be settled during a divorce, regardless of the age of spouses or length of the marriage. Certain matters related to pensions, 401(k)s, IRAs and other benefits can add complexity to how these are divided, and it is in both party’s best interests to involve an experienced divorce lawyer.

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At the law offices of Phillip A. Linder, we provide knowledgeable advice and skilled guidance to clients for all aspects of property division during divorce, including retirement benefits. Our legal staff can thoroughly assess the value of all retirement assets that fall under community property, including:

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  • 401(k)s

  • Deferred pension plans

  • IRAs

  • Stock options

  • Military pensions and veteran’s educational benefits

  • State and county pension plans

  • Federal and civil service retirement benefits

 

Typically in Texas, these accounts are split 50-50. However, this can vary due to court order based on earning capacities, custody of children, separate property or other factors. Also, separate arrangements can be agreed upon by both parties, and the courts will honor that in the final decree.

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