High Asset Divorce

Spousal Support, Annulment, Separation Agreement, Prenuptial AgreementNorthern Virginia has a huge population with substantial assets that it did not have 20 years ago. With the technology boom, stock market boom, and real estate boom, there are many individuals that during a 10, 15 or 20-year marriage have acquired immense fortunes. The analysis of what the fortune consists of and whether or not it constitutes marital property requires intense work and preparation if in fact the case is contested and has to go to court because the burden is on the party claiming the share of the marital assets to prove why it should be considered a marital asset.

It is essential to have a correct appraisal that adequately reflects the current auction value of the property and at the same time for your attorney to advise you as to the appropriate auction house or entity who will disperse the collection and liquefy it into an asset which can easily be divided.  Mr. Kaydouh is experienced in this and he will direct you to the appropriate individual(s) or entities who can accomplish this for you so that you can be compensated for your marital share of the investment in accumulating the art collection(s) in question.

Stock Options

Some of the issues frequently encountered in high asset divorces is the granting of stock options during the parties marriage which may or may not become marital property depending upon various factors. The stock options can have immense value and the court will generally treat them as marital property provided certain factors can be satisfied.

Stock and Savings Accounts

Many high earning individuals who may have entered into a second marriage may already have substantial stock options or stock accounts, savings accounts or investment accounts which, although were separate property at the time of entering the marriage, may, due to certain other factors, have become partially or wholly marital property.

Business Ownership

With today’s economic growth in technology, the stock market boom, and other factors, many individuals have started their own businesses which, although having little value at the inception, either before or during the marriage, have now become major, substantial assets with large values. The issue here for the attorney is quite complex in the determination of what part of that business, if any, has become marital property during the marriage. This is a very complex area and Mr. Kaydouh has substantial experience in this area to evaluate all of the factors to determine whether or not a particular business has any value as marital property. Mr. Kaydouh will hire the best forensic accountant to review all of the necessary documents to assist you in this determination.

Private School Education

In high asset divorces you usually have the issue of whether or not the children should remain enrolled in an expensive private school. The cost of attending a private school for elementary school and high school can exceed $35,000.00 per year per child, depending on the school. Frequently, the separating spouse will not want to pay this tuition based upon the fact that they now have other priorities at this time. The court will in fact consider the past experience of the children in attending private school and whether or not both parents can afford their fair share of the tuition for the private school. There are other factors which the court will also consider, such as the availability of a good, high quality education outside the private school system

Vacation Property

Many times couples will have vacation property located within the United States or outside the United States. If these properties were acquired during the marriage or they may have been owned prior to marriage by one of the spouses, the property may have increased significantly in value by the infusion of marital funds during the marriage then part of that property may be considered marital and that is where an experienced attorney comes in so as to gather the appropriate documentation to see which way that issue is going to go.

Prenuptial Agreements

If you have substantial property and are thinking of entering into a relationship consummated by marriage, then you should consider utilizing a Prenuptial Agreement. Prenuptial Agreements are considered valid in Virginia provided they meet certain criteria. Mr. Kaydouh will review with you all of the issues involved in the preparation of a Prenuptial Agreement and under the circumstances no one should ever sign a Prenuptial Agreement without having it reviewed by an attorney with sufficient time so as to clarify the terms of the Agreement and to negotiate with the prospective spouse’s attorney concerning the issues. In today’s Prenuptial Agreements not only is the division of property addressed but many couples have paragraphs inserted as to future spousal support, the division of future retirement accounts, the classification of marital property, inheritances received or anticipated in the future. These Agreements can become very helpful or very detrimental depending on how they are written as to the ultimate division of the parties’ assets in a court of law. No attorney should ever represent both parties in the preparation of a Prenuptial Agreement regardless what your prospective spouse tells you. You need to have your own independent advice and you should adequately and completely understand what is in the Agreement as these agreements, once they are signed, can be binding forever.

Art Collections

In many marriages where the income has been particularly substantial there may have been an accumulation of major art collections. In this context Mr. Kaydouh has substantial experience in the art world concerning the dispersal of art collections and will be able to advise you as to the appropriate way in getting the collection or collections appraised and the appropriate way of dispersal should it not be possible to divide the art collection(s) between the parties.

It is essential to have a correct appraisal that adequately reflects the current auction value of the property and at the same time for your attorney to advise you as to the appropriate auction house or entity who will disperse the collection and liquefy it into an asset which can easily be divided. Art and art collections are not like other assets in that there is frequently not an objective way to understand the current market value as there are many factors involved in evaluating an art collection which the traditional appraiser or local auction house does not have the capacity to understand and appreciate high end art collections. Mr. Kaydouh is experienced in this and he will direct you to the appropriate individual(s) or entities who can accomplish this for you so that you can be compensated for your marital share of the investment in accumulating the art collection(s) in question. 

Coin and Stamp Collections

The same holds true for coin and stamp collections. The valuation and dispersal of these collections must be sent to the appropriate individual(s) so as to obtain the maximum value under current market conditions.

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