Written by Jonathan Breeden
Dividing assets in a divorce is always complex, but when significant wealth is involved, the stakes are much higher. High-value divorces in North Carolina, particularly in Raleigh, often involve intricate property and financial matters that require careful valuation.
Understanding how assets are assessed and divided under North Carolina’s equitable distribution laws is critical to ensuring a fair outcome.
North Carolina operates under equitable distribution laws, meaning marital property must be divided fairly—but not necessarily equally—between the parties. This requires a precise valuation of all marital assets.
Without an accurate appraisal, the division process can leave one spouse at a significant disadvantage, particularly in high-asset divorces involving businesses, properties, or complex investments.
The court’s goal is to achieve fairness, but fairness starts with determining the value of what’s being divided. Proper valuation ensures that each party receives their rightful share while avoiding errors that could lead to appeals or disputes down the line.
High-value divorces often involve assets with fluctuating values, such as businesses, investments, digital assets, and intellectual property. An incorrect valuation of these assets could result in significant financial losses, either through undervaluation or an unfair distribution.
Working with professionals like certified public accountants (CPAs), business valuators, and financial planners early in the divorce process can help mitigate these risks.
During a divorce, each party must follow equitable distribution practices. That means everyone involved needs to be honest and provide accurate values to ensure property is split fairly. When dealing with high-value assets, the need to be fair becomes even more serious.
One of the most challenging assets to value in a high-asset divorce is a business. Whether it’s a family-owned business or a larger enterprise with multiple stakeholders, determining its worth requires specialized expertise. Certified business valuators analyze factors such as:
Business valuations are not one-size-fits-all. In Wake, Harnett, or Johnston counties, for example, a local business may have unique market conditions or community ties that influence its value. A thorough evaluation by a qualified professional ensures accuracy and fairness in the division process.
Real estate is another significant component in high-value divorces. This includes primary residences, vacation homes, and rental properties. Appraisers with expertise in local markets, such as Raleigh and surrounding areas, are often hired to determine the fair market value of each property.
Real estate valuations account for factors like location, current market conditions, and potential future appreciation or depreciation.
High-value divorces often involve personal assets such as luxury vehicles, jewelry, and art collections. These items may hold substantial monetary and sentimental value, making their proper valuation essential. Appraisers who specialize in these types of assets can provide accurate assessments to prevent disputes over their worth.
Dividing retirement accounts and RSUs can be particularly complicated. These assets may include pensions, 401(k)s, and employer-granted stock units that are not fully vested at the time of separation. Since these assets are often partially earned during the marriage, courts must determine their value as of the separation date.
Professionals familiar with the financial intricacies of RSUs can help ensure their value is calculated correctly, protecting both parties from errors or misinterpretation.
Intellectual property, such as patents, trademarks, and copyrights, often presents unique challenges during valuation. These assets may fluctuate in value depending on market trends or usage potential. Similarly, investment portfolios consisting of stocks, bonds, or mutual funds must be carefully assessed to determine their present and future worth.
Accurate valuations start with hiring the right professionals. Business evaluators, real estate appraisers, and financial experts all play a crucial role in the process. These experts bring the specialized knowledge needed to handle complex assets, ensuring that nothing is overlooked.
In high-asset divorces in Wake, Johnston, or Harnett counties, working with local professionals familiar with the area’s market conditions can further enhance accuracy.
To facilitate the valuation process, both spouses must provide detailed documentation of their financial and property holdings. This includes:
Ensuring transparency during this phase is vital to avoid disputes or delays. A knowledgeable attorney can help organize and present this information effectively.
In many cases, spouses may disagree on the value of certain assets. For example, one spouse may argue that a business is worth less than the evaluator’s assessment to avoid equitable division. Courts often rely on expert testimony to resolve these disputes, but having accurate valuations from the outset can help prevent the need for prolonged litigation.
An experienced family law attorney is essential for navigating the complexities of high-value divorces. They can help clients identify and hire the right experts, ensure transparency in financial disclosures, and address disputes effectively.
Dividing assets in high-asset divorces requires more than just valuations; it demands strategy and foresight. A skilled divorce lawyer can advocate for your best interests, negotiate fair settlements, and identify potential issues like hidden assets or fraudulent activity.
Attorney Jonathan Breeden and the Breeden Law Office have extensive experience helping clients in Raleigh, Wake County, Harnett County, and Johnston County navigate the complexities of high-value divorces. From coordinating professional valuations to protecting your financial future, their personalized approach ensures you receive the expert guidance you need during this challenging time.
Whether you’re dividing a business, negotiating over real estate, or addressing complex investments, the Breeden Law Office is committed to achieving a fair and equitable outcome for you.
If you’re facing a high-asset divorce in North Carolina, contact the Breeden Law Office. Attorney Jonathan Breeden can help protect your financial future and ensure every aspect of your case is handled with care. Call (919) 661-4970 today to schedule a confidential consultation.