San Antonio High Asset Divorce Lawyers
Last updated on June 23, 2025
Couples who have high net worth and complex assets have a lot at stake in a divorce. If you and your partner are preparing for a high-asset divorce, you are likely concerned about the impact on your finances. You may stand to lose significant assets. Fortunately, effective legal representation can help you protect your financial future.
Ruiz & Associates, PLLC, represents a wide range of clients in San Antonio during their divorces, including clients who have a high net worth. Our firm can help you secure the property and assets that you need.
Understanding Community Property In Texas
Texas is a community property state. This means that the assets you acquired during your marriage, regardless of separation, also belong to your partner. These assets could include real estate, pensions, retirement plans, businesses and trusts. The state can divide these assets between you and your spouse in the property division process.
There are a few exceptions to this rule: Any assets that you inherited, received as a gift, owned before marriage or recovered from a personal injury judgment are separate property and belong solely to you. But without a lawyer to help obtain a favorable divorce decree, your assets could take a major blow.
Spousal Maintenance Vs. Alimony
Spousal maintenance refers to the financial support paid to a spouse while a divorce is pending or even after the divorce is finalized. By definition, it is court-ordered.
Texas places strict limits on spousal maintenance, and it can be difficult to qualify for it in many cases. If a couple is parting on relatively amicable terms, however, they can negotiate their own support agreement, known as “contractual alimony.”
Breaking Down Tax Implications Of A Texas High Asset Divorce
High-asset divorces involve complex tax considerations that can significantly impact your financial future if not properly addressed. Property transfers between spouses during divorce are generally tax-free, but the recipient spouse assumes the original tax basis of the transferred asset. This means future capital gains taxes may apply when the asset is eventually sold.
Retirement account divisions require careful planning to avoid early withdrawal penalties and immediate tax consequences. Qualified Domestic Relations Orders allow tax-free transfers of retirement funds between spouses, but improper handling can trigger substantial penalties. Business valuations and transfers may involve depreciation recapture and other tax implications that affect the true value of your settlement. Alimony payments also carry different tax consequences for both paying and receiving spouses that must be considered when negotiating settlement terms.
What Steps Should You Take To Prepare For A High Asset Divorce In San Antonio?
Preparing for a high-asset divorce requires thorough documentation and strategic planning beyond typical divorce preparation. Begin by compiling comprehensive financial records including bank statements, investment portfolios, business valuations, real estate appraisals and tax returns for the past several years.
Identify and document all marital and separate property, paying special attention to family heirlooms, art collections, luxury vehicles and other valuable personal property. Secure important documents and consider changing passwords on financial accounts to protect against unauthorized access. Obtain professional appraisals for significant assets like businesses, real estate holdings and valuable collections that may require division.
What Happens If Your Spouse And You Cannot Agree On Who Receives A Significant Asset, Like A Business Or Luxury Vehicle?
When spouses cannot agree on dividing significant assets, several resolution options exist depending on the asset type and circumstances. For business interests, one spouse may buy out the other’s share based on a professional valuation, allowing continued operation under single ownership.
If neither spouse can afford a buyout, the court may order the asset sold with proceeds divided according to each spouse’s community property interest. For luxury vehicles, vacation homes or other divisible assets, similar buyout or sale arrangements typically apply.
In complex cases involving multiple significant assets, the court may award offsetting assets of comparable value to each spouse rather than physically dividing individual items. Mediation or collaborative divorce processes often provide more creative solutions than court-imposed divisions.
Discuss Your Divorce And Finances Today
If you are divorcing and have a high net worth, discuss your case with an attorney. Call or text our San Antonio, Texas, office at 210-899-4853 or email us. You can also reach us through social media like Facebook, Twitter, Instagram and Google Plus. Se Habla Español.