Marital assets are items acquired during the marriage which do not meet the definition of non-marital property. High-asset divorce cases involve substantial assets and wealth. High-asset divorces, by their very nature, are frequently contentious. Substantial sums of money are involved. These unique cases require attention, commitment and experience.
The complexity of the asset division depends on the assets. High-asset cases exceed a million dollars and may include one or more of the following:
Our clients in high-asset divorce cases include, but are not limited to:
Valuing a business is a complex process. We will work to obtain the financial information for the business to assist us in our valuation. We may need to employ one or more experts to assist in valuing the business. The nature of the expertise required depends on the type of business.
Valuing real estate may require us to employ one or more experts, including an appraiser. The value of real estate today is generally greater than the value of the real estate at the time it was purchased. Valuing real estate is important to help determine equity. A spouse will likely have a marital interest in the equity.
High-asset divorce cases may involve situations where non-marital property is commingled with marital property. Individuals with substantial assets may have acquired wealth prior to the marriage. Some of that wealth may have been used as capital in acquiring one or more marital assets. Determining the contributions used to purchase the property is important.
Sometimes a spouse may not know all the assets of the marriage. Or a spouse may have intentionally kept accounts or assets secret or separate. Assets may have been transferred without a spouse’s knowledge. Discovering hidden assets becomes important to ensure that one spouse does not profit to the detriment of the other.
A court calculates child support based on the gross income of the parents. Some spouses are self-employed. A spouse may attempt to hide money within the business, particularly if large sums of money are received at any one time. A self-employed individual may utilize cash transactions to avoid disclosing or reporting income. The business may have income fluctuations depending on the type of business. Determining the earnings of a self-employed spouse requires more work than if the individual was employed by a business receiving a paycheck or a W2.
Maintenance, which some people refer to as alimony, is money paid by one spouse to another as financial support. There is often a disparity in the income between spouses in high-asset divorces; one spouse generally earns significantly more money than the other. In these situations, maintenance is frequently an issue. One spouse may need financial support to continue to meet his or her reasonable needs. Or, the higher wage earner wants to avoid paying maintenance, minimize the dollar amount to be paid, or limit the duration of the maintenance to be paid.
Spouses may have signed a prenuptial agreement before the marriage. Is the prenuptial agreement valid? A spouse may want to challenge the prenuptial agreement. Challenges to prenuptial agreements are time intensive. Such challenges may require a separate court hearing to address the validity of the prenuptial agreement.
High-asset divorce may have tax consequences. Hiring an expert may be necessary to ensure that all tax considerations have been addressed.
Mediation is a way to resolve one or more disputes without having a trial. Mediation is particularly helpful when large sums of money are involved, but it can also be used in addressing high-conflict child custody cases.
Scott is experienced in representing clients with high-value asset divorces and complex asset divisions. High-asset and complex asset divorces have unique issues. Scott has litigated, mediated and settled numerous cases involving all of these issues described above. There is no substitute for experience. Contact Scott today at (573) 821-4103 to schedule your consultation to assist you with your case.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
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Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached…
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Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
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Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
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I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin…
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children…
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents…
Scott is a great lawyer, will do what he says! He will work his tail off for you. It was a long 2 year divorce, but I am so glad he was representing me. Very fair and doesn't overcharge for his services. I can now say he is my friend, not only my attorney.
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Scott Hamblin is a great lawyer. He has assisted me in my divorce and custody issues over the past three years. He is easy to work with and has always kept me informed/involved in my cases, as they progress.
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He went above and beyond to get me all the help legally available in each situation, and he did so with a kind and calming demeanor. His efforts also included being logical about the use of my funds in these matters. I have never before met a lawyer who gives refunds if he does not…
For accessible and experienced representation, contact attorney Scott Hamblin today.