New Jersey Complex Divorce Lawyers
Lives become enmeshed throughout marriage. You accumulate assets. You may have children. Your professional career evolves. During a divorce, you need help to determine what is a fair and reasonable split as you chart your new path forward.
When you and your spouse cannot agree on major issues like distribution of assets, alimony, or child custody, divorce becomes complex. If you’re a business owner or high net worth individual, divorce can be especially complicated due to the amount and type of shared assets. At the Law Office of Tanya L. Freeman, our experienced team is ready to take on any challenge.
With complex divorces, Tanya L. Freeman can help you navigate:
- Business and financial disputes.
- Child custody disputes, including out-of-state or overseas child relocation.
- Domestic abuse and substance abuse claims.
- Challenges to prenuptial agreements.
In a complex divorce case, representation by Tanya L. Freeman is straightforward. Our experienced team will work tirelessly through the details so that your future is protected and you can focus on moving forward.
High Net Worth Divorces
High-net-worth divorces involve one or both spouses having a high net worth, either individually or jointly. It can be tough to establish an equitable division of the marital estate when it is sizable or comprises any of the complicated assets listed below:
Business Valuations
If you possess business assets and your divorce is not exactly amicable, it is best to brace yourself for a longer resolution process in New Jersey instead of a divorce that does not involve any business assets. If one spouse owns and operates a business, the business will almost certainly require a formal valuation and report. Forensic accountants and actuarial specialists are hired individually or jointly to evaluate the business’s fair market value.
When determining the value of a business, a comprehensive evaluation is often performed. This entails analyzing various aspects such as the company’s physical location, financial records, bookkeeping entries, general ledger summaries, payroll logs, outstanding payments from clients, equipment and machinery, stockpiled inventory, real estate holdings, customer databases, partnership stakes, the overall enterprise, and any intangible assets or goodwill. This meticulous process provides a clear understanding of the company’s worth and helps to ensure a fair and accurate valuation. Furthermore, if you held the business before the marriage, it must be decided whether it is a marital asset. If so, we must determine your spouse’s stake in the company.
We can work with you and your spouse to develop an agreement that suits your needs, whether you choose to sell the business or continue running it after the divorce. We can help you explore options like a buy-out, sale, annuitized settlement, or other form of distribution.
Real Estate
Real estate is frequently one of the most valuable assets in a marital estate. Whether you own a marital home, a vacation house, commercial property, or investment property, you must establish what percentage of the property is subject to equitable distribution and what piece, if any, is exempt from asset division. When dividing assets during a divorce, we must consider several crucial factors. These include the date of marriage, date of purchase, down payment amount, and payment source. It is also important to note that if you acquired the property or payment through inheritance, gift, or bequest, it may impact your percentage share interest in the real estate.
Once your real estate assets have been properly identified, you must determine whether to keep or sell them. After you decide what to do with the property, our NJ divorce lawyer will work with you to devise a creative method to keep your stake in the assets. Before the settlement is finalized, the property may need to be valued through comparative market evaluations and appraisals. If a valuation or decision on the disposition of the property cannot be reached, the courts must step in.
Stock Options
If you get stock options as part of your salary, you realize the intricacies of allocating these assets in a divorce case. Our team will carefully examine your stock options to determine which assets can be divided equitably. We will thoroughly review the award date and vesting schedule to make an accurate and fair assessment. We may include a constructive trust in your settlement agreement to ensure that any tax implications are properly addressed. Our goal is to provide you with a comprehensive and reliable analysis that will assist you in making informed decisions regarding your stock options. It can protect your pre-distribution interests and rights while protecting all post-judgment choices.
Retirement Funds
Suppose you possessed retirement assets before or during your marriage, such as a 401k, 403B, or IRA. In that case, it is imperative to note that they may be divided equitably during the divorce process. It is a common misconception that if the account is in your name, your spouse is not entitled to a portion of it. However, in most cases in New Jersey, this is not accurate. The value of your retirement account from the wedding date to the date of the divorce complaint will usually be subject to a fair split. This rule applies to pensions, deferred compensation plans, SEPs, and SERPs. While these assets may not be physically divided at the time of the divorce judgment, we work with professionals to establish domestic relations orders. These orders will ensure you receive your fair share and benefit later.
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