Protecting Your Business During a High Net Worth Divorce: Legal Strategies
/in Uncategorized /by KVFThe Future of High Net Worth Divorce: Emerging Legal Strategies and Approaches
/in Uncategorized /by KVFParenting Plans in High Net Worth Divorces: Ensuring Stability for Your Children
/in Uncategorized /by KVFParenting Plans in High Net Worth Divorces: Ensuring Stability for Your Children
Divorce is a difficult process for everyone involved, especially when it comes to children. In high net worth divorces, where significant assets are at play, the stakes are even higher. The emotional and financial toll of divorce can take a toll on parents and children alike.
As a divorce attorney in Milwaukee, it is our responsibility to ensure that our clients understand the importance of creating a parenting plan that prioritizes the well-being and stability of their children. In this article, we will discuss the key factors to consider when creating a parenting plan in high net worth divorces that maintains family harmony for all involved.
Summary:
- Putting Your Children First
- Co-Parenting vs. Sole Custody
- Child Support Considerations
- Creating a Detailed Parenting Plan
- Maintaining Open Communication
- Seeking Professional Assistance
1. Putting Your Children First
The turbulence of a divorce can be incredibly unsettling for children, and it’s essential to first and foremost prioritize their emotional stability and well-being. High net worth divorces in particular can be complex because they often involve more involved asset division.
There may be substantial assets such as multiple homes, vacation properties, businesses, stocks, bonds, retirement accounts, and other investments to consider. This can complicate the divorce process as it may require valuation experts, forensic accountants, and other financial professionals to ensure an equitable division.
By putting your children first, despite all the divorce complexities, you ensure their lives remain as consistent as possible. And in high net worth divorces in particular, it’s crucial to consider how financial resources can best be utilized to support your children’s needs, such as education, healthcare, and extracurricular activities.
2. Co-Parenting vs. Sole Custody
The decision between co-parenting and sole child custody is a major decision in every divorce. Co-parenting allows both parents to play an active role in their children’s lives, ensuring that they benefit from the emotional, financial, and developmental support of both parents. This model promotes a balanced upbringing and has been shown to be beneficial for children’s psychological health. However, it requires cooperative and respectful communication between ex-spouses, which can be challenging in some circumstances.
On the other hand, sole custody means one parent takes on the primary responsibility for the children’s welfare. While this can offer stability if one parent is unable to participate fully, it may deprive children of the ongoing involvement of both parents.
In high net worth situations, the financial implications of each option also need careful consideration. The focus remains on the child’s best interests; however, the child’s accustomed standard of living, which may be higher due to the parents’ wealth, is also taken into account.
Regardless of the chosen path, the main objective of custody should be to ensure the stability and well-being of your children. An experienced divorce attorney will help protect the best interest of their client and the child. You can learn more in our previous post “How to Choose The Right Lawyer for Your Child Custody Case.”
3. Child Support Considerations
In high net worth divorces, child support calculations can be more complicated. The combined parental income often exceeds typical state guidelines, necessitating a different approach. Courts may consider factors beyond just income, such as the children’s accustomed lifestyle and specific needs.
Furthermore, high net worth divorces can involve intricate assets and revenue streams, which can complicate child support rulings. Therefore, when developing parenting plans in these situations, it’s crucial to consider these unique financial elements to ensure the child’s well-being and stability post-divorce.
4. Creating a Detailed Parenting Plan
A comprehensive parenting plan goes beyond determining custody; it outlines each parent’s responsibilities, including the residential schedule, decision-making protocols, and how to address communication and conflict. High net worth individuals often have demanding careers or social commitments which can impact the custody arrangement and parenting plan.
These parents may need to develop a flexible and detailed parenting plan that addresses their unique work schedules, career commitments, varying residences and more.
Here are the items included in more parenting plans:
- Custody and Visitation Schedule: This should include details about who the child will live with, when and how often the other parent will visit, and schedules for holidays, birthdays, and vacations.
- Decision-Making Responsibilities: The plan should specify who will make important decisions for the child such as those related to healthcare, education, and religious upbringing.
- Financial Responsibilities: This includes details about child support payments, healthcare expenses, education costs, and other financial responsibilities.
- Communication Guidelines: Rules and methods of communication between the parents should be included, as well as how information about the child will be shared.
- Dispute Resolution: The plan should include a process for resolving disputes about the parenting plan itself, this could involve mediation or going back to court.
- Plans for Future Changes: As the child grows older, their needs and circumstances will change. The plan should outline how these changes will be addressed.
- Transportation Arrangements: Details about who will drop off and pick up the child for visits, school, or activities.
- Other Specifics: Any other specifics that might be unique to the family’s situation, like how to handle introducing new romantic partners to the child, rules for social media use, etc.
5. Maintaining Open Communication
Open and effective communication can help to minimize conflict, support problem-solving, and enhance mutual understanding between co-parents. It facilitates effective scheduling and fosters a cooperative environment that prioritizes the child’s best interests. Even when unresolved issues or emotions exist, it’s crucial for parents to maintain respectful and honest dialogue for the benefit of their children.
This includes being flexible and willing to compromise where necessary. Remember, open communication is not just about talking, but also about active listening to understand the other parent’s perspective.
6. Seeking Professional Assistance
In high net worth divorces, it is crucial to seek professional assistance from a reputable divorce attorney who has experience in handling complex financial matters and child custody arrangements. A skilled lawyer can help you navigate the legal complexities of a high net worth divorce and ensure that your children’s best interests are protected.
As a Milwaukee divorce attorney, Ohiku Law understands the challenges that high net worth divorces can bring, especially when children are involved. If you are going through a high net worth divorce, don’t hesitate to reach out to Ohiku Law for support and guidance. We are here to help you ensure stability for your children during this difficult time. Call us today.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
High Net Worth Divorce and Mediation: What to Expect in the Process
/in Uncategorized /by KVFHigh Net Worth Divorce and Mediation: What to Expect in the Process
With significant assets at stake, it’s essential to approach a high net worth divorce with a clear understanding of the potential pitfalls and benefits associated with the dissolution of a wealthy marriage. One method that is increasingly gaining favor among high net worth couples is mediation.
This non-adversarial, cost-effective approach puts couples in greater control over their divorce settlement, preserving assets and potentially saving both time and money. This article will explore the nuances of high net worth divorce mediation, offering insights into what one can expect during the process.
Summary:
- The Role of Mediation in High Net Worth Divorce
- Benefits of Mediation in High Net Worth Divorce
- What to Expect in the Mediation Process
- Common Topics Discussed in Mediation
- Preparing for Divorce Mediation
- How Ohiku Law Can Help
1. The Role of Mediation in High Net Worth Divorce
Mediation plays a pivotal role in high net worth divorces by providing a platform for negotiation and resolution outside the traditional courtroom setting. This process is facilitated by a neutral third party, the mediator, who helps both parties communicate effectively and reach mutually satisfactory agreements regarding asset division, alimony, child custody, and more.
You may be wondering “Is divorce mediation right for you?” Mediation often allows for a more private, controlled, and flexible process compared to litigation. Furthermore, it can significantly reduce the financial and emotional costs associated with divorce proceedings.
For high net worth individuals, mediation can also provide a confidential space to discuss complex financial matters, such as business ownership, investments, and property, ensuring a fair and comprehensive settlement.
2. Benefits of Mediation in High Net Worth Divorce
- Cost-effectiveness: One major advantage of mediation is that it is less expensive than navigating the divorce through court. Mediation usually saves couples time and money.
- Confidentiality: Mediation is a private process and all discussions and agreements made are confidential. This can be beneficial for high-profile individuals who want to keep their personal affairs out of the public eye.
- Customized solutions: In mediation, both parties have the opportunity to negotiate and come up with a customized solution that works for them. This can be especially important in high net worth cases where standard divorce settlements may not adequately address unique financial situations.
- Faster resolution: Mediation can typically resolve issues more quickly than traditional litigation, as both parties work together to reach an agreement rather than waiting for court dates and decisions.
- Improved communication: Mediation requires both parties to communicate and work together, which can improve their relationship and make future interactions, such as co-parenting, much easier.
3. What to Expect in the Mediation Process
Many couples are unfamiliar with the process and thus feel uneasy about it. Mediation is a straightforward process that includes the following steps:
- Initial consultation: The first step in mediation is an initial consultation where both parties meet with the mediator to discuss their goals and concerns.
- Gathering information: Both parties will need to provide financial documents and any other relevant information for the mediator to review.
- Negotiation: During mediation sessions, both parties will discuss and negotiate their divorce agreement with the help of the mediator.
- Finalizing the agreement: Once an agreement is reached, it will be put into a formal written document and signed by both parties.
4. Common Topics Discussed in Mediation
There are a few common challenges that surface during divorce mediation in high net worth cases. The division of financial resources tops the list, as couples grapple over substantial asset distribution, property division, debt allocation, and other fiscal concerns.
Parenting plans also frequently ignite disputes, particularly in terms of deciding child custody and visitation rights for each parent. Lastly, the details of the separation agreement can be a sticking point. This includes issues such as alimony or spousal support, and can extend to conflicts over child support payments.
5. Preparing for Divorce Mediation
Preparing for divorce mediation involves several key steps to ensure a smooth process.
- Agree to mediate: The first step is to mutually agree to mediate. This means both parties are willing to negotiate and find common ground.
- Do your homework: Gather all your financial documents, including assets, debts, income, and expenses. Organized financial documents will be crucial in the discussion.
- Set goals: Understand what you want out of the mediation. Setting clear goals can help guide the discussions.
- Hire your own divorce attorney: It’s also advisable to hire your own divorce attorney who can advise you throughout the process.
- Be prepared to compromise: Remember that mediation is about reaching an agreement that works for both parties, so be prepared to compromise.
- Control your emotions: Try to keep your emotions under control to ensure productive discussions.
- Review all agreements: Before signing any agreement, make sure it accurately reflects what you and your partner agreed to.
6. How Ohiku Law Can Help
Ohiku Law, our team has extensive experience in high net worth divorce cases and mediation. We understand the complexities involved and are committed to protecting our client’s best interests every step of the way. With our expertise in negotiation and dispute resolution, we can guide you through the mediation process and help you achieve a fair and favorable outcome.
Contact Ohiku Law today for a consultation and let us help you navigate the process with confidence. As one of the best divorce attorneys in Milwaukee, we are dedicated to providing top-notch legal representation for you. Call today.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
Navigating High Net Worth Divorce in the Digital Age: Cybersecurity and Privacy
/in Uncategorized /by KVFNavigating High Net Worth Divorce in the Digital Age: Cybersecurity and Privacy
In today’s digital age, where almost every aspect of our lives is intertwined with technology, cybersecurity and privacy have become crucial factors to consider during a divorce. The intersection of wealth, technology, and privacy has given rise to complex issues that demand careful attention.
This article explores the intricacies of handling divorce in the digital age. From managing online presence and securing personal information, we look at the strategies and pitfalls of technology facing high net worth couples during divorce.
Summary:
- The Role of Technology
- Protecting Your Digital Assets
- Cybersecurity Threats
- The Importance of Privacy
- Strategies for Maintaining Privacy
- Digital Evidence
- The Importance of Working with a Specialized Divorce Attorney
The Role of Technology in High Net Worth Divorce
With the rise of digital assets like cryptocurrencies and the massive amounts of data now stored online, technology has become a central element in divorce. Digital assets and currencies introduce challenges for wealth management and estate planning, sometimes requiring the involvement of technology experts who can thoroughly investigate the data.
Additionally, with the transparency that today’s technology offers, it is becoming increasingly difficult for parties to hide assets or misrepresent their worth. This underscores the importance of transparency during high net worth divorce. However, the same transparency also raises concerns about privacy and cybersecurity, which must be carefully managed throughout the process.
Protecting Your Digital Assets During Divorce
Protecting your digital assets during a high net worth divorce process is an essential yet often overlooked aspect. These digital assets may range from cryptocurrencies like Bitcoin to digital photographs, social media accounts, and even digitally stored documents. It’s crucial to understand that just like physical assets, digital assets can be subject to scrutiny and division in a divorce proceeding.
You should consider changing passwords to sensitive accounts and implementing two-factor authentication. Additionally, it’s advisable to be conscious of privacy settings on social media platforms and to refrain from sharing details that could potentially be used against you in court.
Cybersecurity Threats in High Net Worth Divorce
As digital assets and online financial footprints become increasingly popular, there’s risk of privacy breaches, data theft, and cyber-attacks during divorce. It’s not uncommon for disgruntled spouses to resort to hacking or spying tactics to gain leverage in divorce proceedings. They may attempt to access private emails, financial accounts, or even cryptocurrency wallets without consent. This not only violates privacy rights but can also significantly impact the fair distribution of assets.
Furthermore, third-party platforms used for communication or document sharing throughout the divorce process could be susceptible to cyber threats. Therefore, it’s crucial for individuals navigating a high net worth divorce to prioritize cybersecurity measures. These might include using encrypted communication channels, securing digital assets, and working with attorneys specializing in high net worth divorce.
The Importance of Privacy in High Net Worth Divorce
Privacy is paramount in high net worth divorces. Wealthy individuals often have a public image to maintain, and the release of sensitive information during a divorce can lead to reputational damage and professional consequences. Additionally, the disclosure of detailed financial information could potentially expose them to security risks.
With the digital age making it easier for information to be shared and spread, it’s crucial to take steps to protect privacy during divorce. This might involve using secure platforms to communicate and exchange documents, or sealing court records where possible. Additionally, seeking the guidance of attorneys who specialize in high net worth divorces and are adept at handling such sensitive matters discreetly can be immensely beneficial.
Strategies for Maintaining Privacy During Divorce
Maintaining privacy during a divorce, particularly a high net worth one, requires a multi-faceted strategy. One of the most effective ways is to engage experienced divorce attorneys who are skilled in handling sensitive information and can guide the process discreetly. Divorce lawyers can also advise on the possibility of sealing court records to prevent public access.
It’s also important to utilize secure communication methods. This means using encrypted email services, secure document-sharing platforms, and avoiding discussing details of the case on social media or other public platforms.
Lastly, mediation or collaborative divorce strategies can help keep proceedings out of court, offering a more private environment to work through asset division and other contentious issues. By implementing these strategies, individuals can better protect their privacy during a divorce.
Digital Evidence in High Net Worth Divorce Cases
In high net worth divorce cases, digital evidence often plays a pivotal role. Financial transactions, communications, and asset management have largely moved online. This digital footprint can provide a wealth of information during a divorce case. Emails, text messages, social media posts, and even GPS data can reveal hidden assets, undisclosed income, or other behaviors pertinent to the divorce proceedings.
Additionally, digital currencies like Bitcoin have introduced new forms of wealth that can be difficult to trace without the proper expertise. However, it’s important to note that obtaining such evidence must be done legally and ethically to be admissible in court. Unauthorized access to a spouse’s private accounts or devices can lead to legal repercussions and damage the credibility of the evidence.
The Importance of Working with a Specialized Divorce Attorney
Divorces involving high net worth individuals require specialized legal expertise. It’s crucial to work with a divorce attorney who has experience handling complex financial matters and navigating the impact of technology on divorces.
At Ohiku Law, we have a dedicated team of attorneys who can provide you with the necessary guidance and support to navigate a high net worth divorce in the digital age. Reach out to one of our Milwaukee divorce attorneys to schedule your appointment today.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
Valuing and Dividing Retirement Accounts in High Net Worth Divorces
/in Uncategorized /by KVFValuing and Dividing Retirement Accounts in High Net Worth Divorces
Navigating a high net worth divorce presents a unique set of challenges, including the division of substantial retirement accounts. These assets, such as 401(k)s, IRAs, and pension plans, often represent a significant portion of marital wealth and demand careful consideration due to their complex tax implications and potential future value.
This article explains the complexities of valuing and dividing retirement accounts in high net worth divorces. This guide, in addition to the help of a trusted divorce lawyer, will provide clarity and insight into the process.
Summary
- Valuing Retirement Accounts
- Factors Affecting Valuation
- Dividing Retirement Accounts
- Types of Division
- Protecting Your Retirement Accounts
- Seeking Professional Guidance
1. Valuing Retirement Accounts
Valuing retirement accounts accurately is a critical aspect of high net worth divorces, primarily because these assets often represent a large portion of the couple’s wealth. An accurate valuation is not just about knowing the current balance in the account. It’s also about understanding the potential future value of these assets, considering factors like investment growth, interest rates, and the account holder’s retirement age.
2. Factors Affecting Valuation
Several factors play a crucial role in the valuation of retirement accounts. Beyond the current balance, future considerations like investment risk, inflation, and health-related expenses can greatly impact the value of these assets. Taxes also significantly affect the worth of these accounts as they are due when assets are withdrawn from some retirement plans.
Additionally, the real value of retirement accounts stems from not having to pay taxes on investment income and the opportunity for rebalancing. Furthermore, the size, value, and profitability of the investments within the account can also influence the overall value.
3. Dividing Retirement Accounts
The division of retirement accounts in high net worth divorces is a complex task, requiring careful navigation of legal implications. Retirement assets accrued during the marriage, such as IRAs and 401(k)s, are generally considered marital assets that can be divided.
This division can be achieved through a “transfer incident to divorce” or a Qualified Domestic Relations Order (QDRO). In some cases, ex-spouses might even be eligible for monthly benefits if the marriage lasted for at least ten years.
Additionally, high net worth individuals often have significant funds tied up in various financial investments, adding another layer of complexity to the division process. Therefore, seek expert advice from a divorce lawyer to ensure an equitable division.
4. Types of Division
Retirement accounts can be divided in various ways, including:
- Equal Split: This involves dividing the account balance equally between both parties. Most states adopt the “equitable division” rule, implying that the judge will divide a couple’s property based on what’s fair in their specific situation.
- Pro-Rata: This method considers the contributions made by each party during the marriage. In high net worth divorces, pro-rata division of retirement accounts can be a viable strategy to ensure an equitable split. This method involves dividing the retirement assets according to the proportion each party contributed or based on the length of the marriage during which the funds were accrued. For instance, if a 401(k) account was funded both before and during the marriage, a pro-rata split might allocate only a portion of that account to the marital estate.
- Set-off: In this approach, one spouse may keep the retirement account in exchange for other assets of equal value. However, it’s important to consider the tax implications and potential future value of each asset when negotiating a set-off.
Your divorce lawyer will know state laws and be able to inform you what options you have based on where you live. For instance, Wisconsin law states that 401(k)s acquired during the marriage must be divided through an equal split. You can learn more about Wisconsin law in the post “What Happens To Your 401(k) When You Divorce in Wisconsin.”
5. Protecting Your Retirement Accounts
During a high net worth divorce, both parties may have a vested interest in protecting their retirement accounts. There are several ways to safeguard these assets, such as:
- Prenuptial or Postnuptial Agreements: Prenuptial and postnuptial agreements provide a layer of protection for various types of retirement funds, including 401(k)s, IRAs, and employer-sponsored pensions. They can stipulate that each spouse retains 100% of their respective retirement assets, thereby protecting these assets from division during divorce.
- Trusts: Trusts can serve as valuable tools in protecting retirement accounts. A Retirement Plan Trust, for example, acts as a shield, insulating the principal of qualified retirement accounts such as an IRA or 401(k). By naming your trust as the beneficiary of your retirement accounts, you can control what happens to the funds after your passing.
- Negotiating: Effective negotiation can help ensure that the division of these assets is fair and equitable. One strategy might involve trading off other assets to retain more of your retirement accounts. For instance, you might agree to a lower share of the marital home in exchange for a higher percentage of your retirement savings.
6. Seeking Professional Guidance
Dividing retirement accounts in a high net worth divorce requires careful consideration and planning. By understanding the different types of accounts, valuing them accurately, and working with a qualified attorney, you can ensure that your retirement assets are protected and divided fairly.
At Ohiku Law, we have experience handling high net worth divorces and can provide you with the guidance you need during this challenging time. Our team of professional Milwaukee divorce attorneys has the expertise to help you navigate the legal complexities surrounding retirement accounts, ensuring that your interests are protected. Contact us today for a consultation and let us help you achieve a fair division of your retirement assets.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
Child Custody Strategies for High Net Worth Parents: Best Interests of the Child
/in Uncategorized /by KVFChild Custody Strategies for High Net Worth Parents: Best Interests of the Child
Determining child custody during a divorce is never easy, but it can be particularly challenging for high net worth parents. The court must consider traditional factors such as the physical and mental health, along with additional considerations such as financial resources and lifestyle.
This article explores strategies that high net worth parents should use to ensure the best interests of their children are met during a divorce. These tips, along with the help of a trusted divorce attorney, can help you better navigate your divorce while keeping the best interests of your children front and center.
Summary:
- Divorce and Parenting Plans in Wisconsin
- Factors that Determine Child Custody
- Negotiating a Parenting Plan
- More Considerations for High Net Worth Couples
- Pros and Cons of Mediation for High Net Worth Divorcing Parents
- Additional Resources
1. Divorce and Parenting Plans in Wisconsin
In Wisconsin, divorce proceedings involving minor children require the creation of a parenting plan. This agreement is designed to address practical parenting issues and outlines the responsibilities of each parent in raising the child.
The law in Wisconsin generally presumes that parents have joint legal custody of the children. However, if parties fail to reach an agreement in mediation, they must file a proposed parenting plan within 60 days.
This becomes particularly important for high net worth parents, whose complex financial situations may further complicate matters. Hence, such parents should work together to prioritize the child’s best interests and ensure their needs are met.
2. Factors that Determine Child Custody
During a divorce, the most important thing couples must decide is how their children will be cared for. There are two different forms of child custody to be decided: legal custody and physical placement.
Legal custody includes the right to make decisions about the children’s upbringing including healthcare, education, religion, etc. Physical custody or physical placement refers to which parent the child will primarily live with.
In determining which parent should receive primary physical custody, attorneys consider a number of factors including:
- The relationship between each parent and the child
- The willingness of each parent to encourage a relationship between the child and the other parent
- The parents’ physical, mental, and emotional health
- The parents’ lifestyle (including use of drugs, alcohol, gambling or criminal activity)
- Each parent’s work schedule and ability to provide care for the child
- Any history of domestic violence by either parent
3. Negotiating a Parenting Plan
Negotiating a parenting plan for high net worth parents can be a complex process due to the unique circumstances that accompany a high-net-worth lifestyle. The key to successful negotiation lies in prioritizing the child’s best interests above all else.
A well-crafted parenting plan should detail custody arrangements, visitation schedules, and decision-making protocols. High net worth parents often have demanding schedules, so flexibility and clear communication are essential.
It’s also crucial to involve experienced professionals, such as divorce attorneys or mediators, who can provide advice on the best course of action.
4. More Considerations for High Net Worth Couples
High net worth individuals involved in a child custody battle have some additional considerations. In cases where one parent has access to more resources than the other, courts must ensure that the financial disparity does not give that parent an unfair advantage.
Another issue that frequently arises in high net worth divorces is asset division. Parents should consider creating a trust to protect their children’s assets from any potential conflict or disputes between the parents. This can be especially important in cases where one parent may have inherited money, owns property or has other complex financial arrangements. Prioritizing succession and generational wealth transition is an important topic in many of these cases.
Lastly, high net worth divorces often involve lifestyle changes, especially if the couple is accustomed to a luxurious lifestyle they can’t maintain post-divorce. Therefore, open communication about financial matters throughout the process is vital to minimize conflict.
To help protect parents with high net worth from potential conflicts of interest, courts often appoint independent advisors or consultants to assess the situation and develop child custody plans.
5. Pros and Cons of Mediation for High Net Worth Divorcing Parents
Divorce mediation can offer several advantages for high net worth parents undergoing a divorce. It fosters a more collaborative environment, emphasizing open communication. This approach can make it easier to co-parent after the divorce as they create a parenting plan tailored to their specific needs.
Additionally, mediation allows the parties to maintain control over the process and outcome of their divorce, which can be beneficial in complex financial situations.
However, there are also drawbacks to consider. If mediation fails, it could potentially become more expensive as parents would have to spend money on both the mediator and attorneys. Additionally, mediation may not be suitable for people uncomfortable with discussing and negotiating legal matters without an attorney’s guidance.
You can read more about the pros and cons of mediation in our article “Is Divorce Mediation Right For You?”
6. Additional Resources
By understanding these strategies and seeking legal guidance, high net worth couples can navigate their divorce and develop a child custody plan that serves their children’s best interests. While it may not always be an easy process, divorce can be led with the utmost care for your children and their needs.
For help navigating your high net worth divorce, contact Ohiku Law. At Ohiku Law, our experienced Milwaukee divorce attorneys will put you and your child’s needs at the forefront. Contact us today for a free 30-minute consultation.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
Tips for Maintaining Privacy During a High Net Worth Divorce
/in Uncategorized /by KVFTips for Maintaining Privacy During a High Net Worth Divorce
In the realm of high-stakes divorces, where significant assets and reputations are on the line, maintaining privacy becomes a major concern. The dissolution of a marriage is an intensely personal affair, and when substantial wealth is involved, it can attract unwanted public attention and even media scrutiny.
This article will provide tips for protecting your privacy during a high net worth divorce, ensuring that you navigate this challenging process with dignity and discretion. These tips, along with the help of a trusted divorce attorney, can help you manage a stressful time with privacy and ease.
Summary:
- Understand the Legal Implications of Divorce
- Know What Information is Public
- Utilize a Trust to Keep Assets Separate
- Know Your Rights
- Hire a Financial Advisor
- Find an Experienced Divorce Attorney
1. Understand the Legal Implications of Divorce
Understanding the legal implications of a high net worth divorce is key to managing the process while preserving your privacy. High-profile divorces often involve complex property division like shared business interests, real estate, investments, and other substantial assets. These complexities can draw out the proceedings, increasing the chance for details to leak into public view.
Knowledge of laws surrounding confidentiality and non-disclosure agreements can be critical in keeping these details private. It’s advisable to consult with a seasoned divorce attorney who specializes in high net worth divorce cases to guide you through the legal maze while protecting your privacy rights.
2. Know What Information is Public
In most jurisdictions, including the state of Wisconsin, divorce proceedings are part of public record, meaning that anyone can access the details of your case, including asset division and custody arrangements.
However, some documents or pieces of information can be sealed by the court, making them inaccessible to the public. This typically includes sensitive information such as financial records, proprietary business information, or anything that might harm a party’s reputation if made public.
It’s important to work with your divorce attorney to identify which parts of your case can be kept private and to request that the court seal these records. Keep in mind that anything you post on social media or discuss publicly outside of court could also become part of the public record. Therefore, it’s advised to be mindful of your digital footprint during this time.
3. Utilize a Trust to Keep Assets Separate
Utilizing a trust or keeping assets separate can be an effective strategy for maintaining privacy in a high net worth divorce. Trusts, especially those established before marriage, are generally considered separate property and not subject to division during divorce proceedings. This can help protect assets like a small business or inheritance.
However, it’s important to note that not all trusts provide this protection. For instance, revocable trusts may not exclude your assets in a divorce since they can be altered or canceled by the trustor.
In addition to trusts, keeping gifts or inheritances separate from marital assets can also offer protection. To maximize privacy and asset protection, consider using a combination of trusts and prenuptial or postnuptial agreements.
4. Know Your Rights
Every individual going through a divorce has certain legal rights that protect their privacy and personal information. These rights can vary depending on the jurisdiction, but generally, you have the right to keep sensitive personal and financial information confidential.
You also have the right to request that certain documents or information be sealed or redacted from the public record. Additionally, you have a right to private consultations with your attorney, where any information shared is protected by attorney-client privilege.
It’s important to be fully aware of these rights and to assert them when necessary. A knowledgeable attorney can provide guidance on how best to protect your privacy rights during the divorce process.
5. Hire a Financial Advisor
Hiring a financial advisor during divorce can be a crucial step in maintaining privacy and managing assets. A skilled financial advisor can provide guidance on asset division, tax implications, and future financial planning.
It is important to choose an advisor who understands the complexities of high net worth divorces and has experience in dealing with such cases. They can also help ensure that all financial disclosures are accurate and complete, which can prevent disputes and maintain privacy.
6. Find an Experienced Divorce Attorney
Finding an experienced divorce attorney is a crucial step in maintaining privacy during a high net worth divorce. An attorney well-versed in handling complex and high-value asset divisions can provide valuable advice on protecting your privacy and financial interests. They can guide you through legal processes, negotiate on your behalf, and help minimize the amount of personal information that becomes part of the public record.
If you’re looking for a Milwaukee divorce attorney, the team at Ohiku Law is here to help you. Ohiku Law has years of experience helping clients in the Milwaukee metro area, including Brookfield, Mequon and the North Shore navigate their high net worth divorces. Call Ohiku Law today so we can help protect what matters to you.
By Attorney Odalo Ohiku, Owner of Ohiku Law Office
Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.
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Monday-Friday 8:00-5:00pm
Saturday: By Appointment Only
Sunday: Closed
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OHIKU LAW | Milwaukee Divorce Attorneys
1037 W. McKinley Ave., Ste. 300
Milwaukee, WI 53205
P: (414) 287-0088
Text: (414) 287-0088
Fax: (414) 271-6310
About Us
You are the focus at the Ohiku Law Office. Our mission is rooted in supporting you as a whole person by understanding and working to protect your needs, your interests, and your future. Guided by these core principles, Attorney Odalo Ohiku and his team work as strategic problem solvers and peaceful negotiators to ensure the best possible divorce settlement and outcomes for you. If you are a high net worth individual needing a divorce attorney in Milwaukee or the surrounding area, call Ohiku Law Office today. Serving Clients in Milwaukee, Mequon, Brookfield, Elm Grove, Whitefish Bay, River Hills, and Fox Point.
We have staff fluent in Spanish and Lao/Thai.
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Disclaimer
The information contained on this website is not intended to be legal advice. You should consult an experienced attorney for legal advice regarding your unique and particular situation. Contacting Ohiku Law does not create an attorney-client relationship. Please do not send or provide confidential information to our law office until an attorney-client relationship has been established.