Hidden Financial Traps That Can Derail High-Net-Worth Divorces
A high‑net‑worth divorce is one in which millions of dollars in property is subject to equitable distribution. In addition, can involve multiple classes of assets, such as real estate, investments, retirement accounts and business interests. The size and diversity of the property at stake, and the financial consequences and tax implications, make these divorces prone to a range of pitfalls.
The following are types of assets over which issues can arise during a high-net-worth divorce:
- Unconventional financial assets — Private equity interests, venture capital holdings and hedge fund investments do not come with clear market value. Their worth may depend on a host of variables, including future events. Cryptocurrency, a distinctly modern investment vehicle, can have sudden swings in value and can be concealed in multiple digital wallets.
- Closely held businesses — Since these are not public companies, their true worth may have to be established by experts, whose methodologies may be open to dispute. There may also be questions of whether the spouse holding an ownership interest in a company is manipulating financial records to minimize visible earnings or the company’s apparent value.
- Deferred executive compensation — This can take the form of stock options, restricted stock units (RSUs), performance stock units (PSUs) and carried interest. Such interests might vest over time or depend on meeting certain benchmarks. Even pensions can have valuation issues. A careful analysis has to be done to see when they were vested and when they were intended to mature. Misclassifying them or misstating their value can result in a lopsided split.
- Luxury and high-value personal items — Fine art collections, unique jewelry items, antiques, high-end vehicles and other collectables often have to be appraised to capture their current value. Sometimes, one party might intentionally undervalue these items or leave them out of financial disclosures altogether.
- Intellectual property and royalties — Patents, copyrights and trademarks can all be part of the marital estate, even if they are held only by one spouse, and they can generate significant income well after the divorce is over. Putting a present value on future income can be difficult.
There is also a significant possibility that one spouse will try to conceal wealth from the other. Offshore accounts, transfers of assets to third parties and financial “shell games” can be used to hide money and property alike. Identifying these issues often requires a detailed review of financial records and the involvement of forensic professionals.
High-net-worth divorces require careful attention to detail from start to finish. When significant assets are involved, it is important to have a skilled attorney on your side. Professional scrutiny can discourage attempts to subvert the process and can keep the financial aspects of the divorce on track.
At the Law Offices of Maurice Verrillo, P.C. in Rochester, New York, we know the huge emotional and financial toll a complex divorce can have on our clients, and we work hard to minimize both. Call us at 585-563-1134 or contact us online to arrange for a free initial consultation.

