Who Gets What in a High Net Worth Divorce?

 Posted on February 14, 2025 in Asset Division

Divorcing with significant wealth at stake is rarely a simple process. High-net-worth divorces involve intricate financial matters, from dividing luxury real estate and investment portfolios to determining business ownership rights. Every asset must be carefully reviewed to ensure a fair distribution while safeguarding your long-term financial interests. Courts will weigh multiple factors when determining who gets what, so it is important to seek the guidance of a strategic Illinois divorce lawyer to protect your wealth during the process.

How Do Illinois Courts Divide Assets in a High Net Worth Divorce?

Illinois follows equitable distribution laws, meaning courts divide marital property fairly rather than enforcing an automatic 50/50 split. To make this decision, judges will consider factors such as:

• Each spouse’s income, assets, and financial needs

• The length of the marriage

• Each spouse's contributions to acquiring or maintaining property

• Whether one spouse sacrificed career opportunities for the other

• Any prenuptial or postnuptial agreements

What Is the Difference Between Marital Property and Separate Property?

Marital property refers to any assets that were obtained during the marriage, regardless of whose name is on the title. This typically covers:

• Real estate purchased while the couple was married

• Shared bank accounts and retirement savings

• Business interests attained during the marriage

• Investments and stock portfolios

Unlike marital property, separate property is not subject to division during divorce. It can include:

• Assets owned prior to the marriage

• Inheritances or gifts given explicitly to one spouse

• Certain personal injury settlements

• Property designated as separate in a valid prenuptial or postnuptial agreement

A vital distinction to note is that separate property can become marital property if it is commingled. For example, if a spouse purchased a home before the marriage but then the couple used their marital assets to renovate the family home, a court may consider the increased value from the renovation to be part of the shared marital estate.

What Happens to Business Ownership in a Divorce?

For high-net-worth couples, business ownership can be one of the most valuable assets. If a business was started or significantly grown during the marriage, it may be considered marital property, even if only one spouse was involved in its operation. In these types of cases, courts may:

• Divide ownership between the spouses

• Award the business to one spouse while compensating the other with other assets of the same value

• Require the spouse who owns the business to buy out the other spouse’s share of its value

How Are Real Estate and Investments Handled?

High-net-worth divorces frequently involve multiple properties, such as primary residences, vacation homes, and rental properties. Similarly to business ownership, courts can decide to:

• Order the sale of real estate and divide the proceeds

• Award properties to one spouse in exchange for other assets

• Allow one spouse to buy out the other's interest

Investment accounts, stock options, and retirement funds must also be carefully divided. Some require Qualified Domestic Relations Orders (QDROs) to properly transfer funds without tax penalties.

How Can You Protect Your Wealth During Divorce?

To protect financial interests, high-net-worth individuals can take several steps, including:

• Using prenuptial or postnuptial agreements to specify asset division

• Keeping separate property truly separate by avoiding commingling funds

• Conducting a thorough financial audit to account for all assets 

• Working with financial experts to structure settlements that minimize tax burdens

Contact a DuPage County, IL High Net Worth Divorce Attorney

Dividing assets in a high-net-worth divorce requires experienced legal and financial guidance. A Wheaton, IL divorce lawyer at Goostree Law Group can help protect your wealth and ensure a smooth legal process. Call us at 630-364-4046 today to discuss the details of your case.