High Net Worth Divorce in Texas: Protecting Complex Assets
When millions are at stake, a standard divorce approach is not enough. High net worth divorces in Texas involve intricate asset structures — businesses, stock options, real estate portfolios, trusts, and more. As a community property state, Texas presumes a 50/50 split of marital assets, making accurate valuation critical. This guide covers what you need to know to protect your wealth and reach a fair outcome.
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Talk to AI AdvisorIdentifying and Classifying Complex Assets
The first challenge in a high net worth divorce is finding everything. Wealthy spouses often have assets spread across multiple entities, accounts, and jurisdictions. Every asset must be classified as marital (subject to division) or separate (belonging to one spouse).
Business interests
Ownership stakes in privately held companies, partnerships, and LLCs. The portion acquired or grown during the marriage is typically marital property, even if only one spouse ran the business.
Stock options and RSUs
Unvested stock options and restricted stock units are often partially marital property. Courts use coverture fractions or time-rule methods to determine the marital share based on when they were granted relative to the marriage.
Real estate portfolios
Investment properties, vacation homes, and rental portfolios require individual appraisals. Rental income streams, depreciation benefits, and mortgage liabilities must all be accounted for.
Trusts and offshore accounts
Revocable trusts funded with marital assets are typically divisible. Irrevocable trusts are more complex. Offshore accounts must be disclosed — hiding them is illegal and carries severe penalties.
Cryptocurrency and digital assets
Bitcoin, Ethereum, and other digital currencies are marital property if acquired during the marriage. Blockchain forensics can trace wallets and transactions that a spouse may try to conceal.
Intellectual property
Patents, copyrights, trademarks, and licensing revenue streams may have significant value. A royalty stream created during the marriage is a marital asset.
Business Valuation in High Net Worth Cases
For many wealthy couples, the family business is the single largest asset. Getting the valuation right — or wrong — can mean a difference of millions.
Engage a certified business valuator (CBV or ASA)
Never rely on informal estimates. A credentialed valuator uses accepted methodologies and can defend the valuation in court if needed.
Choose the right valuation method
The income approach (discounted cash flow) works best for profitable businesses. The market approach compares to similar business sales. The asset approach values net tangible assets. Most valuators use a combination.
Address goodwill
Enterprise goodwill (the business's reputation, brand, systems) is divisible in Texas. Personal goodwill (the owner's individual reputation and relationships) may or may not be divisible depending on your state's case law. This distinction can be worth millions.
Review for owner manipulation
Business-owning spouses may try to reduce the company's apparent value by deferring revenue, accelerating expenses, inflating payroll to family members, or taking on unnecessary debt before the valuation date.
Finding Hidden Assets
Studies suggest that asset concealment occurs in a significant percentage of high net worth divorces. Forensic investigation is not optional — it is essential.
- ✓Forensic accountants can trace money through shell companies, nominee accounts, and complex transfer chains
- ✓Lifestyle analysis compares reported income to actual spending — discrepancies reveal hidden resources
- ✓Tax return analysis over 5-10 years can expose unreported income, suspicious deductions, or overseas accounts
- ✓FBAR and FATCA filings reveal foreign accounts (failure to disclose is a federal crime)
- ✓Subpoenas to banks, brokerages, and business partners can surface accounts not voluntarily disclosed
- ✓Digital forensics on computers and phones may reveal cryptocurrency wallets, hidden investment accounts, or offshore transfers
- ✓Deposition of the spouse's business partners, accountant, and financial advisor can uncover assets the spouse 'forgot' to disclose
Tax Strategy and Post-Divorce Planning
Tax basis matters more than face value
A $2 million stock portfolio with a $200,000 cost basis is worth far less after taxes than a $2 million account with a $1.8 million basis. Always compare assets on an after-tax basis.
Retirement account division
QDROs for 401(k) and pension plans, transfer incident to divorce for IRAs. Improper transfers trigger immediate taxation and penalties. Executive deferred compensation plans require special handling.
Capital gains on real estate
The $250,000 per person exclusion on a primary residence sale requires living there 2 of the last 5 years. Investment properties have no exclusion — plan the timing of sales carefully.
Alimony structuring
Post-2018 spousal maintenance is not deductible for the payer or taxable to the recipient. For high-income earners, this means the true cost of support payments is dollar-for-dollar. Negotiate accordingly.
Privacy and Confidentiality
Public court filings can expose sensitive financial details. High-profile individuals have additional tools to keep divorce proceedings confidential.
- ✓Request the court seal financial filings and discovery documents
- ✓Use a private judge or referee where allowed — proceedings are not part of the public record
- ✓Mediation and collaborative divorce keep everything out of court entirely
- ✓Non-disclosure agreements (NDAs) can be part of the settlement to prevent either spouse from discussing terms
- ✓Be aware that some states have limits on sealing court records — work with your attorney on what is achievable
- ✓In Texas, discuss with your attorney whether private judging or sealed proceedings are available in your county
Assembling Your Professional Team
High net worth divorce attorney
Not just any family law attorney — you need someone with specific experience handling multi-million dollar estates, business valuations, and complex financial instruments.
Forensic accountant
Essential for tracing assets, identifying hidden wealth, analyzing business financials, and calculating lifestyle spending. Expect to invest $10,000-$50,000+ depending on complexity.
Certified business valuator
If a business is involved, a separate expert specifically credentialed in business valuation (CBV, ASA, or CPA/ABV) is critical. Do not share a valuator with your spouse.
Tax advisor (CPA or tax attorney)
Divorce creates taxable events and restructures your financial life. A tax advisor ensures you do not inadvertently trigger unnecessary liabilities.
Financial planner (CDFA)
A Certified Divorce Financial Analyst models different settlement scenarios and projects your long-term financial picture after divorce.
Every situation is different
High net worth divorce requires strategic planning from day one. Share the details of your financial situation and our AI advisor will help you understand your options in Texas.
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.