Maricopa County, AZ High-Net-Worth Divorce Attorneys

Overview

High-asset divorces are rarely decided by a clever argument at trial. They are decided months earlier, by who assembled the documents, who valued the assets credibly, and who understood what they were agreeing to.

That is the work we do. Call for a free consultation and we will tell you where your case is strong and where it is not.

The framework

Community Property, Separate Property and Division

Three statutes do most of the work. A.R.S. § 25-211 makes property acquired by either spouse during the marriage community property, subject to exceptions for gift, devise and descent, and for property acquired after service of a petition where that petition results in a decree.

A.R.S. § 25-213 defines separate property as what a spouse owned before the marriage or received by gift, devise or descent during it, along with the increase, rents, issues and profits of that property.

A.R.S. § 25-318 then governs division. The court assigns each spouse their sole and separate property and divides the community, joint tenancy and other common property equitably, though not necessarily in kind, and without regard to marital misconduct. It may also consider debts and obligations related to the property, including accrued or accruing taxes that would become due on receipt.

One provision worth knowing in advance: for the purposes of that section, property acquired outside Arizona is deemed community property if it would have been community property had it been acquired here.

Where cases are won

Timing, Disclosure and Valuation

Timing first. Because the community generally closes on service, the date of service is not a scheduling detail. Where a bonus, a vesting tranche or a sale is near, moving that date changes what is in the marital estate.

Disclosure second. Arizona family law runs on broad mandatory disclosure, and complex estates are where it is most often tested. A spouse who conceals assets and is found out damages their credibility on every other contested issue, including the ones where they were right.

Valuation third. Businesses, professional practices, private equity and unique real property have no market price, so each side produces a number and the court chooses between them. The side with the better-supported expert usually gets the better result, and often gets it in negotiation without a hearing.

Tax runs underneath all three. An equal division of pre-tax retirement money, appreciated real estate and cash is not an equal division at all, and nobody will correct that for you.

Where one spouse controlled the finances entirely, the other should not negotiate from a summary the controlling spouse prepared. Bank records, tax returns with all schedules and account statements are obtainable, and the difference between what is claimed and what they show is frequently the case.

How we work

How We Handle Complex Asset Cases

We have acted for NFL players, professional athletes and public figures, in matters where the asset schedule ran to several pages and the client’s name could not appear in a headline.

Our method is unglamorous. Get the documents early, retain the right expert where the estate justifies it and say so when it does not, and build a position the other side cannot attack without hiring someone better.

Most of these settle, which is generally the right outcome given what a contested trial costs and what it puts on the public record. Where the other side will not deal reasonably, we try the case.