Written by Jonathan Breeden
Divorces involving significant assets come with layers of financial complexity, and when children are involved, those layers can deepen. In North Carolina, child custody decisions are based on the best interests of the child—but in high-value divorces, what’s “best” can be harder to define. When wealth, business interests, or high incomes are part of the equation, the court must look beyond day-to-day parenting and consider how lifestyle, stability, and even future planning affect custody outcomes.
Getting advice in these scenarios from a skilled North Carolina child custody attorney, especially one with experience dealing with high-value divorces, is critical. Find out more about how to navigate child custody issues in high-value divorces.
A divorce is generally considered high-value or “high-asset” when one or both parties own substantial assets. These could include business holdings, real estate, investment accounts, retirement funds, inheritance, or valuable personal property. In these cases, dividing property is rarely straightforward, and custody decisions often become intertwined with financial outcomes.
In North Carolina, assets are distributed according to equitable distribution. That means the court aims for a fair — not necessarily equal — division of property. When custody is on the table, the court may consider how asset division impacts the child’s access to a stable environment.
North Carolina courts use the “best interests of the child” standard to make custody decisions. This standard includes factors such as each parent’s ability to care for the child, the child’s relationship with each parent, and the child’s living environment. In high-value divorces, these considerations can take on new dimensions.
The court’s primary concern remains emotional stability and care—not just financial comfort.
Wealth doesn’t automatically grant one parent a better position. However, the resources each parent brings to the table can affect how feasible and sustainable a proposed custody plan is.
In many high-value divorces, one spouse is the financial provider, while the other has taken on a full-time parenting role. This creates a delicate custody issue — especially if the parent with less income has historically managed most of the child’s daily needs.
In this scenario, the financially stronger spouse may argue that they can better support the child’s future, while the stay-at-home parent may emphasize emotional bonds and continuity of care. The court will need to assess whether financial support from the wealthier parent, such as spousal or child support, can make joint or primary custody by the less affluent parent viable.
Judges often consider the long-term implications. Will the stay-at-home parent be able to maintain a stable living arrangement? Can they transition to financial independence without disrupting the child’s sense of security? These questions are central in high-value custody cases.
When both spouses have significant assets or high incomes, custody decisions may shift away from financial capability and focus more intensely on lifestyle, values, and availability.
Parents with demanding professional lives or business interests may struggle to maintain the hands-on involvement expected in a custody arrangement. The court will likely examine the actual time each parent can spend with the child, the support structures they have in place (such as childcare or extended family), and how willing they are to cooperate with one another.
Additionally, both parents may push for equal custody, believing they can provide everything their child needs. But shared custody requires trust, communication, and logistical cooperation—something not always present in contentious high-asset divorces.
In typical custody cases, the court may rely on state child support guidelines to determine a fair amount. But for high-income families, these guidelines may not capture the true scope of a child’s needs.
Children of wealthy families often attend private schools, receive tutoring, take part in expensive extracurricular activities, and travel regularly. These costs go far beyond food and shelter. The court may need to review detailed financial records to determine what amount of support is appropriate to maintain the child’s current lifestyle.
If one parent resists covering those expenses, custody negotiations can stall or turn litigious. A high-asset divorce attorney can help demonstrate the value and consistency of those expenses in the child’s life and argue for support that aligns with the family’s standard of living.
When one or both parents own a business and are going through a divorce, the demands of that business can complicate custody. Long hours, travel, or uncertain income can raise concerns about whether a parent is available enough to maintain primary or even joint custody.
At the same time, business ownership may influence where the child resides—particularly if one parent’s business keeps them in a particular city or state. If the business is jointly owned, the situation may require even more negotiation to ensure that business decisions don’t undermine custody agreements or vice versa.
In some cases, parents may agree to modify business operations, change roles, or sell the business entirely to create a more stable custody environment. These are not easy choices and should be made with experienced legal and financial guidance.
Prenuptial agreements are common in high-value marriages. While these documents generally govern asset division and spousal support, they can sometimes include provisions related to child custody.
It’s important to understand that North Carolina courts do not automatically enforce custody clauses in a prenup. The court still evaluates custody based on the child’s best interests. However, a prenup may offer insight into each parent’s expectations or provide financial clarity that informs other parts of the custody case.
High-value divorces often come with greater public visibility, so keeping your divorce proceedings out of the public eye is challenging. Parents may be well-known in the community or involved in industries that attract media attention. In these cases, both parties typically want to keep custody proceedings—and sensitive financial or parenting details—private.
Mediation or collaborative divorce can offer a more discreet alternative to courtroom litigation. These methods not only protect privacy but often result in more customized, amicable custody solutions. Attorney Jonathan Breeden can help you determine whether these out-of-court options are realistic for your situation.
Child custody is always emotionally charged, but when paired with financial complexity, it can quickly become overwhelming. A high-value divorce attorney provides more than legal representation—they offer strategy, insight, and protection at every turn.
Attorney Jonathan Breeden and the team at Breeden Law Office understand what’s at stake. They take the time to learn about your child’s needs, your financial situation, and your long-term goals. Whether you’re trying to maintain your child’s lifestyle, protect your parenting rights, or negotiate a workable custody schedule, their experience in high-asset divorces can help you avoid mistakes that could hurt your case or your finances.
If your divorce involves significant wealth, don’t assume that custody will be simple or predictable. The courts in North Carolina will always prioritize the child’s well-being—but in high-value cases, proving what’s best for your child requires thoughtful planning and experienced legal help.
At Breeden Law Office, we understand how financial and emotional challenges intersect in custody matters. Let us help you build a plan that protects your child, your rights, and your future. Call (919) 661-4970 today to schedule a confidential consultation.