Property Division 

Let us be your voice, your adviser and your advocate.

St. Louis Property Division Attorney 

There are many emotional challenges in divorce, particularly when it comes to dividing assets. This is especially true for high-net-worth individuals such as business owners, boat owners, and couples with a combined income of $100,000 or more per year, for whom the financial stakes are that much higher. The complexity of property division in these cases requires the guidance of experienced St. Louis property division attorneys who know how to resolve disputes effectively while providing the compassion and discretion their clients deserve.

If you’re going through a divorce in St. Louis County, Missouri, the firm of Grant, Miller & Smith, LLC, is standing by to help you claim your fair share of your marital assets. Contact us today, and let’s discuss your pressing divorce-related matters.

Understanding Marital and Separate Property

One of the first steps in the property division process is determining which assets are considered marital property and which are separate property. In Missouri, marital property generally includes all assets acquired by either spouse during the course of the marriage, regardless of who holds the title. Separate property, on the other hand, is property owned by one spouse before the marriage or acquired through inheritance or gift during the marriage.

However, there are instances where separate property can become marital property, such as when it is commingled with marital assets or when the value of separate property increases due to the efforts of either spouse during the marriage. This can present particular challenges, especially in high-asset divorces in which financial matters are already complex. Our knowledgeable family law attorneys at Grant, Miller & Smith, LLC, can help you identify and classify your assets to better pursue a fair and equitable division.

Factors Considered in Property Division

Missouri law requires that marital property be divided in a just and equitable manner. This does not necessarily mean a 50/50 split, as the courts consider the following factors when determining the appropriate division of assets:

  • Each spouse’s economic circumstances at the time of the divorce: The court will consider each spouse’s current income, earning capacity, and financial needs when dividing property. This factor is particularly relevant when one spouse has significantly higher earning potential or when one spouse has been out of the workforce for an extended period to care for the family.

  • Each spouse’s contribution to the acquisition of marital property, including the contribution of a homemaker: The court recognizes that both financial and non-financial contributions are valuable in a marriage. A spouse who has stayed home to raise children, maintain the household, or support the other spouse’s career is considered to have made a significant contribution to the acquisition of marital property.

  • The value of each spouse’s separate property: One spouse’s substantial separate property may impact how the court divides marital property. The court will consider the value of each spouse’s separate property when determining a fair and equitable distribution of marital assets.

  • The conduct of the parties during the marriage: While Missouri is a no-fault divorce state, the court may consider the conduct of the parties during the marriage when dividing property. This is particularly true in cases where infidelity, domestic violence, or financial mismanagement has had a significant impact on the marital assets or the well-being of the other spouse.

  • Custodial arrangements for any minor children: The court will consider the custody arrangements for any minor children when dividing property. The goal is to ensure that the custodial parent has sufficient resources to provide for the children’s needs and maintain a standard of living that is as close as possible to what the children enjoyed during the marriage.

In addition to these factors, the court may also consider the tax consequences of the property division, the liquidity of the assets, and any prenuptial or postnuptial agreements that address property division. The skilled divorce attorneys at Grant, Miller & Smith, LLC, will carefully assess your unique situation and work diligently to protect your interests throughout the property division process. We will advocate for a fair and equitable division of assets that considers all relevant factors and positions you for a secure financial future.

Handling Complex Assets in High-Asset Divorces

High-asset divorces often involve complex assets that require special attention and valuation. These may include:

  • Business interests: If one or both spouses own a business, it is crucial to obtain an accurate valuation and determine the marital portion of that business. Our attorneys work with trusted financial experts to provide a fair and comprehensive assessment of business assets.

  • Real estate: High-net-worth couples often own multiple properties, including primary residences, vacation homes, and investment properties. We can help you determine the best course of action for dividing these assets, whether through buyouts, sales, or other arrangements.

  • Investment accounts and retirement plans: Dividing investment accounts and retirement plans, such as 401(k)s, IRAs, and pensions, requires careful consideration of tax implications and the use of specialized documents like Qualified Domestic Relations Orders (QDROs).

  • Collectibles, art, and other valuable items: Appraisals may be necessary to determine the value of unique or rare assets, such as artwork, antiques, or collectibles.

Our experienced property division attorneys have the knowledge and resources to handle even the most complex assets in high-asset divorces, protecting your rights and your claim to your hard-earned assets.

The Importance of Discretion and Compassion

At Grant, Miller & Smith, LLC, we understand that high-asset divorces not only present financial challenges but also emotional ones. Our family law attorneys prioritize discretion in high-asset divorce cases, recognizing the sensitive nature of these cases and the need to maintain privacy for our clients. One way we do this is through mediation and pursuing out-of-court settlements whenever possible, as these keep the nature and extent of any disputes confidential and private.

We strive to minimize conflict and work towards a resolution that allows you to move forward with your life while preserving important relationships and protecting your reputation. Our goal is to provide you with the legal representation and emotional support you need during this trying time.

Tailored Legal Strategies for Your Unique Situation

No two divorces are alike, and this is especially true for high-asset cases. Our St. Louis property division attorneys will take the time to understand your unique circumstances, goals, and concerns. We will then craft a tailored legal strategy that addresses your specific needs and works towards the best possible outcome for your case.

Whether through negotiation, mediation, or litigation, we will advocate tirelessly on your behalf and provide you with the guidance and support you need at every stage of the divorce process.

Navigating property division in a high-asset divorce can be a daunting and emotionally draining experience. However, with the right legal representation, you can protect your interests and emerge from the process with a fair and equitable settlement.

If you are going through a high-asset divorce in St. Louis, Missouri, or the surrounding areas, contact the family law attorneys at Grant, Miller & Smith, LLC, today. We are here to stand by your side, protect your rights, and provide you with the confidence and peace of mind you deserve during this difficult time. We look forward to meeting you during an initial consultation and learning more about your situation