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Contested Issues in High Asset Divorces

 Posted on August 18, 2025 in Finances and Divorce

Kane County, IL divorce lawyer for high asset divorcesHigh asset divorces often involve a large, complex marital estate that must be divided between the spouses. This can be a major source of conflict, leading to a contested divorce that could take months or possibly years to resolve. To navigate the process as efficiently as possible while safeguarding your interests, consider working with a St. Charles, IL divorce lawyer at Weiler & Associates, Inc.. Attorney Tim Weiler is a Certified Financial Litigator who is uniquely qualified to advocate for you in the most complex aspects of your high net worth divorce.

Disputes About Businesses in High Net Worth Divorces

If you own a business, a significant portion of your income may come from your daily operations. In a divorce, your business could be threatened if your spouse has a claim to it as marital property.

The boundaries between marital and separate property can be murky at times. If you established the business prior to the marriage, at least some of it may be assumed to be separate property. However, if the business increased in value over the course of your marriage due to marital contributions, your spouse could be entitled to that increase in value. Furthermore, if your spouse is a business partner, it may not be as easy to buy out his or her interests in the company.

At Weiler & Associates, Inc., we can go over your options to divide a marital business. As previously mentioned, you may be able to buy out your spouse by forfeiting other marital assets. You and your spouse might also agree to keep running the business, or sell it and split the proceeds.

Enforcing or Contesting a Prenuptial Agreement in a High Asset Divorce

Many high income couples sign prenuptial agreements before getting married as a way of safeguarding their assets. A signed prenup is legally binding, but it can still be challenged during the divorce proceedings. The court may deem a prenup unenforceable if:

  • One party did not sign it voluntarily

  • One party was not given an accurate disclosure of assets and obligations (and did not waive that right)

  • The terms of the prenup are "unconscionable"

Dividing Up Debts in High Income Divorces

During your marriage, you and your spouse may have taken on some debt. You might have multiple mortgages on different real estate properties, car loans, or bills on a shared credit card that must be paid off. Spouses may not want to assume responsibility for the other’s debts, leading to a standstill in a contested divorce.

If you and your spouse cannot agree on how to allocate your debts, the responsibility will fall to the court. A judge will divide your debts in an equitable fashion, rather than a simple 50/50 split. At Weiler & Associates, Inc., we can make a case for a fair division of debts on your behalf.

Meet With a Kane County, IL High Net Worth Divorce Lawyer

Getting through a contested divorce can feel like a herculean task, especially if you have a large or complex marital estate. At Weiler & Associates, Inc., we are here to protect your best interests and resolve the outstanding issues as efficiently as possible. To schedule an initial consultation with our St. Charles, IL family law attorney, call us at 630-331-9110.

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