Keeping High Asset Divorce Costs Under Control
February 11, 2024 at 6:00 AM
by Steven C. Buitron
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Divorces involving substantial marital estates or business assets have a reputation for bitter, all-out legal battles costing small fortunes in legal fees. However, this need not be the case - even when millions of dollars are at stake. With reasonable cooperation between parties and thoughtful planning, high-net-worth couples can contain divorce costs and avoid draining estates meant to support families and retirement.

Pursuing a collaborative process where both sides agree to settle amicably out of court can greatly reduce costs compared to contentious litigation. Parties should seek experienced collaborative counsel early and commit to good faith disclosure of all assets, debts, and financial records so informed settlement discussions can occur. Relying on trusted confidantes for perspective rather than reactionary emotions can keep talks grounded.

When disputes inevitably arise, focus discussion on understanding the interests behind positions rather than accusations, ultimatums, or power plays that raise tensions. Stay oriented toward mutually beneficial solutions and compromise. Work through one issue at a time thoroughly before proceeding rather than allowing piling grievances to create resentment.

If needed, enlist neutral mediators to work through difficult areas cooperatively. Contested court battles should be an absolute last resort, as legal fees mushroom quickly when parties stake out adversarial ground. The emotional and financial costs of using children or asset control as leverage far outweigh short term “wins.”

Stay mindful that irreconcilable differences ending a marriage need not be compounded by irreparable damage to families’ financial wellbeing or ability to co-parent going forward. With good faith effort and eyes on the long game, high net worth couples can achieve fair, reasoned divorces respecting all interests at play.