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How does property division get complicated in a high asset divorce?

On Behalf of | Mar 31, 2022 | Divorce, High-Asset Divorce |

Property division is an important part of a divorce. It allows you and your spouse to divide all the assets you own so you each leave the marriage with some.

However, in a high asset divorce, property division can easily become complicated. Yahoo explains there are a couple of distinct reasons for issues in high asset situations.

Comingling

Comingling assets is when you blur the lines between separate and marital property. Separate property is that which you own by yourself and hold all rights to because you either obtained it prior to marriage or got it through one of the methods that are an exemption. Marital property is that which you own with your spouse because you obtained it during your marriage.

Comingling can happen when you use martial money, that you make during the marriage, for upkeep or otherwise to benefit a separate asset. It can happen easily, and you may not think about it until you begin your divorce.

Inheritances

Inheritances are an exception to the marital property rule. No matter when you receive it, an inheritance is always separate property. However, you may comingle it in a way that it becomes partially or completely marital property. You must be very careful with inheritances so you do not put them in jeopardy during a divorce.

While these issues may occur in any divorce, they are especially problematic in high asset divorces where the monetary value of assets is much higher. The situation is more difficult because of the more complex valuations and untangling where all the money went.