One of the most complicated and contentious divorce concerns is generally the division of marital assets, and if you are facing a divorce, your financial future is likely a top concern. If your divorce involves high assets, the stakes are even higher, and you need an experienced asset protection divorce attorney in Downers Grove in your corner.
In the State of Illinois, marital assets refer to all those items of value, including real estate, businesses, and every other form of wealth. It doesn’t matter who made the purchase or whose name is on the title or dead – if you acquired it while you were married, it’s very likely a marital asset that will need to be divided between you and your divorcing spouse equitably upon divorce.
Equitably for this purpose means fairly – once the relevant circumstances are factored into the equation. There are, however, two important exceptions to the presumption that the property is a marital asset, and they are:
Any property that you or your spouse brought with you into the marriage – and kept disentangled from your marital financials – will remain your separate property, but proving the separate nature of separate property can be decidedly complicated if you did not purposefully keep the asset separate from the start. Another final point to make is that, even if you did keep the property or asset completely separate from your marital assets, any increase in its value is marital property that will need to be divided equitably between you.
If you have family wealth or any other complicating factor, you can expect the division of marital property – with a focus on asset protection – to be that much more challenging. Those factors that tend to complicate this division include:
With skilled legal guidance on your side, you will strategize the best path forward in your efforts to protect your assets. Many people with high assets choose to protect them via prenuptial – and postnuptial – agreements, which tend to help strengthen the available protections.
Cameron H. Goodman at Goodman Law Firm – proudly serving Downers Grove, Illinois – is a seasoned asset protection divorce attorney who is committed to skillfully advocating for your rights and helping you carefully protect your assets throughout the divorce process. To learn more, please don’t wait to contact us for more information today.
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