What assets are untouchable in a high net-worth divorce?

by Burns & Hansen | Aug 5, 2024 | Divorce

Burns and Hansen Law Firm

In a high-net-worth divorce in Minnesota, knowing which assets might remain protected is crucial. People with significant assets often face complicated legal issues that can be challenging to deal with.

Assets typically protected

Some assets usually stay protected during a high-net-worth divorce. Assets you had before marriage or those you inherited typically fall into this category. As long as you haven’t mixed these assets with marital property, they remain separate. For example, if one spouse inherited a valuable painting or received a large gift, the court generally won’t divide these items.

Prenuptial agreements and trusts

A prenuptial agreement helps protect assets by clearly stating which ones are separate. This legal document, created before marriage, outlines how assets will handle a divorce. Trusts also protect assets. If a trust existed before or during the marriage, the assets in the trust likely stay shielded from division.

Complexities and considerations

Even with these general rules, the details can vary. Courts might examine how assets have mixed or changed over time. For instance, if you used separate funds to buy joint property, the court could challenge its protection. Keeping detailed records and legal documents becomes essential. Working with an experienced attorney ensures that you represent your interests and understand the legal details.  

Secure your assets

Knowing which assets might stay protected helps you plan for a divorce. By recognizing these asset categories and their implications, you can better manage the complexities of going through a high-net-worth divorce and protect your valuable assets. High-net-worth divorces often involve more than property division. Business ownership, estate planning, real estate holdings, and trust administration can significantly impact the outcome of a divorce case. Our attorneys also assist clients with estate planning, business and commercial transactions, and real estate law, providing comprehensive legal guidance to help protect valuable assets before, during, and after divorce proceedings.

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About the Author: Burns & Hansen

Burns & Hansen represents clients in matters ranging from everyday legal questions to appeals, litigation, and disputes involving significant business, financial, and personal interests. Our attorneys stay personally involved throughout the process, explaining what's happening, what options are available, and what comes next.

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