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Protecting What Matters Most
Protecting What Matters Most
In a high-net-worth divorce, rarely is it possible or desirable to agree to just “cut the cake in half.” Dividing up a couple’s assets when they are high in value, number, or both involves complex negotiations and a thorough understanding of Texas property laws to achieve a fair division.
Evans Family Law Group (with divorce lawyers located in Bastrop and Austin) helps Texas couples get a fair division of assets when the stakes are high. Only an Austin high net worth divorce attorney can help you answer the crucial questions that can sway your fortunes and your future. Our Austin high asset divorce lawyer is ready to help.
Our high-asset divorce services are tailored for individuals and families with substantial wealth and complex financial portfolios. We provide strategic, discreet, and results-driven representation for those who have the most at stake, including:
Whether you own a startup, franchise, or closely held family business, we help protect your ownership interests, ensure proper valuation, and develop strategies for preserving business continuity.
Doctors, lawyers, executives, and high-level employees with stock options, retirement plans, or deferred compensation rely on us to untangle and protect their long-term financial interests.
We advocate for spouses who have supported their partner’s career or raised children while wealth was accumulated, ensuring they receive their fair share and support to maintain financial independence.
From real estate portfolios and luxury property to international accounts, trusts, and investment holdings, we provide clarity, transparency, and strong legal guidance through every stage of division and valuation.
We assist both in enforcing and challenging pre- and postnuptial agreements, helping you understand your rights and navigate potential disputes.
Privacy matters. We offer discreet representation for public figures, athletes, and other high-profile individuals seeking to protect their reputation and minimize public exposure during the divorce process.
We have experience handling complex portfolios, special compensation, and unique assets. The difference between an acceptable settlement and an outcome that can ruin your life can often come down to the fine print. Our mission is to make sure your divorce results in long-term success, regardless of whether you earn the majority of the income or not.
Texas is a community property state, meaning most assets acquired during the marriage are split equally. But in high-net-worth divorces, determining what’s community versus separate property can be difficult, especially with:
High-value assets often require expert appraisal, and spouses may disagree on their worth. Common valuation disputes involve:
One party may attempt to hide assets in shell companies, offshore accounts, or by undervaluing a business. Forensic accountants are often brought in to uncover these. This can result in a criminal charge of perjury or contempt of court and often leads a judge to award a greater portion of the assets to the honest spouse.
You need an attorney who works to ensure all assets are on the table – before the divorce decree is finalized.
Dividing large estates can have major tax consequences. Asset transfers, selling properties, or splitting retirement accounts must be handled carefully to avoid unnecessary tax burdens.
While Texas doesn’t guarantee spousal support, it may be awarded based on need. In high-net-worth cases, courts often weigh lifestyle, length of marriage, and the lesser-earning spouse’s ability to become self-sufficient.
These agreements can dictate how assets are divided, but disputes may arise over:
Whether you want to enforce an agreement or you need help invalidating it, we have the trial experience you need.
High-profile individuals often worry about public exposure. Texas does not automatically seal divorce records, so protecting sensitive financial and personal information is a key concern. We are experienced in working discreetly and efficiently, particularly when public figures or closely held business interests are involved.
Even though Texas caps guideline child support, courts can deviate in high-income cases to ensure the child’s needs are met. Custody disputes may also be more contentious when lifestyles or travel demands differ. We aim to develop support plans that are fair and financially viable, while focusing on the specific needs of the child.
Any division of real property begins with the formal valuation of each property the couple owns. Many high-asset couples have two pieces of real property: the marital home and the vacation home. Dividing these homes is relatively easy if they are roughly equal in value and each spouse is willing to take a specific home. Otherwise, couples often have to sell one or both homes and split the proceeds to equalize the division.
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It’s common for some divorcing spouses to try to undervalue real property, personal property, and business holdings in an attempt to retain a larger share of the marital property than they may be entitled to.
You may be surprised by how much needs appraisal. For example, if you, as a couple, owned collections of guns, antiques, and jewelry, it would be important to get an objective figure from an appraiser qualified to appraise each of those items. Your attorney(s) may then make determinations as to the fairest division of those assets.
In a high-net-worth divorce, many things may be split that are not usually a part of normal divorces. These include:
It is important to be truthful about all your assets. Hiding assets is never a good idea, even if you think you are being treated unfairly. It can result in a criminal charge of perjury or contempt of court. It often results in a judge’s decision to award a greater portion of the assets to the honest spouse.
In many ways, stocks are some of the easiest assets to divide in a divorce: You can split the shares in half without devaluing them. The cost basis (the original purchase price of the stock) and the holding period (how long you hold on to the stock) remain the same. The value of those individual stocks does not change.
That also means that stocks can provide a valuable negotiable asset, in that you can give up a greater share of the stocks to hold on to a business or a piece of land without offering up more cash. There’s always the risk that the stocks will shoot up in value, meaning you’ll give your spouse more in the long run. But because your stocks weren’t a liquid asset you used on a day-to-day basis, giving them up has less of an effect on your lifestyle.
Retirement account assets can quickly become devalued if they’re handled incorrectly.
A qualified divorce attorney will need to structure this division in a way that avoids undue tax consequences and that helps you preserve as much of the value of the account as possible.
In general, the one thing you don’t want to do is take a distribution from the account to pay the spouse because you’ll incur tax penalties and devalue the account.
Pensions are different because you can put in a Qualified Domestic Relations Order (QDRO) to have the pension plan make payments directly to the spouse when it begins making payments.
It takes an experienced Austin high net worth divorce attorney to determine how best to handle retirement accounts. We recommend high-asset divorce clients work with a CPA to help determine the best potential settlement offers.
If you are very lucky, your business won’t be considered part of the community estate (meaning, it won’t be divided in the divorce). If you created the business prior to your marriage and your spouse did not ever work in the business, the business will likely be 100% yours after the divorce.
If your spouse did work in the business or the company was created after you got married, you will face an uphill battle. First, you’ll need a business valuation, and then you’ll need to evaluate existing contracts.
If both spouses own the business, the business will often need to be sold, unless you and your spouse are on good enough terms to continue to run the business as partners.
Vehicles, RVs, boats, ATVs, and other assets are valued and usually given to one spouse or the other. If there are significant debts on any of these assets, the debts will need to be taken into account, too.
Furniture is rarely worth fighting over unless you own unique family heirloom pieces or another item with sentimental value. In general, heirloom furniture stays with the spouse who owned it prior to the marriage.
In many cases, the value of the furniture is so minuscule as to make it a non-issue, even in high-asset households. If one spouse keeps the house, he or she generally will keep most of the furniture, too, and the spouse who leaves will generally purchase new furniture.
Nevertheless, furniture should be taken into account in a valuation, so as to ensure that neither party gains an unfair advantage.
The content of your checking and savings accounts at the time of the divorce often will be divided 50/50 unless you have given up a greater share of cash to keep an asset that you wanted more of.
Some contributions to marital property don’t show up on a spreadsheet. It’s important to make sure an experienced attorney is your advocate so all your sacrifices, contributions, and other particulars are taken into account.
Don’t try to take on your divorce alone, especially if you’ve got a wealth of assets to protect. The Evans Family Law Group can help you receive a favorable share of property, as allowed by Texas family law.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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