How Can You Ensure a Fair Divorce Settlement in High-Asset Cases?
Divorce is difficult enough on its own. When you have substantial assets involved, it can feel even more overwhelming, emotionally draining, and even intimidating.
High-asset divorces bring more than just the usual concerns—there may be businesses to divide, investments to evaluate, real estate to assess, and retirement accounts to examine. In these situations, both parties are likely concerned about protecting their financial future, and tensions can escalate quickly.
Clients going through this process deserve guidance they can trust. The Law Offices of Howe & Garside, Ltd assists individuals in securing desirable outcomes during high-asset divorce proceedings. Their legal counsel helps clients address every layer of property division while keeping long-term well-being in focus.
If you’re facing a high-asset divorce, don’t go through it alone. With locations in Newport, Rhode Island, and Lincoln, Rhode Island, The Law Offices of Howe & Garside, Ltd serves clients in all of Rhode Island, including Warwick, Bristol, Westerly, Woonsocket, and Pawtucket. Reach out today for experienced legal support with your divorce settlement.
Identify All Marital and Separate Property
One of the most important steps in a high-asset divorce is determining what belongs to the marital estate and what qualifies as separate property. Rhode Island follows the equitable distribution model, meaning that assets are divided fairly—but not necessarily equally—based on several factors.
Marital property generally includes anything acquired during the marriage, while separate property often refers to assets owned before the marriage or received as gifts or inheritances by one spouse.
To make this distinction clear, documentation is key.
Examples of marital property may include:
Joint bank accounts
Real estate purchased during the marriage
Retirement accounts accumulated during the marriage
Business assets built by both spouses
Examples of separate property may include:
Property owned before the marriage
Inheritances received solely by one spouse
Gifts given to one spouse, not both
Personal injury settlements awarded to one spouse
Before moving forward with division, it's crucial to have accurate records and valuations for each asset. This process is particularly important in high-asset divorces, where the value of certain items—such as a business or portfolio—can fluctuate or be difficult to determine without proper assessment.
Work With Financial Professionals
In high-asset cases, financial matters often become the centerpiece of the dispute. That’s why working with professionals beyond legal counsel is often necessary to protect your interests and uncover all relevant details.
Attorneys Kristy J. Garside and Susan Brassard at The Law Offices of Howe & Garside, Ltd routinely collaborate with financial consultants to support their clients in Newport, Lincoln, and beyond.
Common financial experts used in high-asset divorces include:
Forensic accountants: To uncover hidden income, trace assets, or analyze complicated financial statements.
Business valuation experts: To determine the accurate worth of a business or professional practice.
Pension and retirement plan specialists: To evaluate 401(k)s, IRAs, pensions, and other retirement assets.
Real estate appraisers: To assess the fair market value of family homes, vacation properties, or rental investments.
These professionals provide detailed reports that can support a fair division of assets and help identify anything that might have been overlooked. Their input can make a significant difference in the outcome of the divorce settlement.
Disclose All Assets and Debts Honestly
One of the biggest obstacles to a fair divorce settlement is the failure of one party to disclose all assets and debts. In high-asset divorces, it’s not uncommon for one spouse to have a deeper understanding of the couple’s finances—or in some cases, to intentionally hide income or property.
Full disclosure isn’t just encouraged; it’s required. Rhode Island family courts expect both parties to be transparent with their financial information. If one spouse is found to have hidden assets, the court can impose serious penalties, and any resulting settlement may be revisited or voided.
Common areas where assets might be concealed include:
Offshore accounts or foreign investments
Undervalued real estate
Trusts or shell companies
Delayed bonuses or commissions
Cryptocurrencies
Attorneys at The Law Offices of Howe & Garside, Ltd help their clients thoroughly review financial records, tax returns, and other documentation to spot red flags and hold the other party accountable. This is a vital part of protecting a client’s rightful share in the divorce settlement.
Evaluate Spousal Support With Long-Term Impact in Mind
Spousal support—also known as alimony—can be one of the most contested issues in a high-asset divorce. With greater wealth comes a broader range of needs and expectations, and determining the amount and duration of support can be difficult without experienced legal guidance.
Rhode Island courts look at multiple factors to decide on spousal support:
Key considerations for alimony include:
Length of the marriage
Each spouse’s earning capacity
Contributions to the marriage (including homemaking and child-rearing)
Health and age of both spouses
The standard of living during the marriage
Any economic misconduct (such as reckless spending)
High earners may be obligated to pay support, especially if the other spouse sacrificed career growth to raise children or support a business.
On the other hand, alimony shouldn't become a financial punishment. Attorneys Garside and Brassard help their clients advocate for spousal support arrangements that are fair and reflect realistic future outcomes for both parties.
Consider Tax Consequences Before Finalizing
One often overlooked—but incredibly important—aspect of high-asset divorce settlements is the impact of taxes. Decisions made during property division can have long-lasting consequences when it comes to IRS obligations.
For example, transferring certain retirement assets without using a Qualified Domestic Relations Order (QDRO) could trigger early withdrawal penalties or taxable income. Selling property could result in capital gains taxes. And alimony agreements—especially for divorces finalized after 2018—come with different tax treatment than in the past.
Potential tax issues that may arise include:
Selling real estate with large gains
Transferring retirement funds
Filing jointly vs. separately in the year of the divorce
Claiming dependents for tax credit purposes
Carrying forward tax losses or deductions
The Law Offices of Howe & Garside, Ltd takes these factors into account when helping clients from all of Rhode Island, including Warwick, Providence, and other nearby cities to finalize their settlements. By working closely with accountants and tax professionals, they help clients avoid unwanted surprises after the divorce is complete.
Account for Business Ownership or Professional Practices
In high-asset cases, one or both spouses may own a business, professional practice, or partnership. Dividing these interests can be one of the most complicated parts of the process, especially when the business is closely tied to one spouse's identity or career.
Rhode Island courts will look at whether the business was started before or during the marriage, how much each spouse contributed to its success, and how to assign a fair value. Some cases may call for a buyout, while others may divide profits or shares.
Important factors when dividing a business interest include:
Date the business was established
Role each spouse played in daily operations
Business income and profitability
Goodwill and reputation tied to the owner
Market value based on expert appraisal
Attorneys Kristy J. Garside and Susan Brassard help their clients review financial statements, secure accurate valuations, and explore options that preserve business continuity while protecting their interests.
Protect Privacy and Reputation
High-asset divorces often involve high-profile individuals or sensitive information that could impact a family’s public image or personal relationships. Privacy isn’t just a personal concern—it can affect business relationships, children’s well-being, and long-term financial opportunities.
Whenever possible, attorneys work to resolve matters through private negotiations or mediation rather than open court. This can help keep financial details out of the public record and reduce emotional distress.
Steps clients can take to maintain confidentiality:
Consider mediation or collaborative divorce processes
Negotiate non-disclosure agreements
Limit public access to court filings when possible
Keep children out of financial conversations
Avoid posting about the divorce on social media
The Law Offices of Howe & Garside, Ltd supports clients in protecting what matters most—not just their assets, but their dignity and peace of mind.
Draft a Thorough, Legally Sound Settlement Agreement
No matter how fair or reasonable a verbal agreement may seem, it won’t mean much without proper documentation. A detailed and enforceable divorce settlement agreement is essential—especially when substantial assets are involved.
The agreement should clearly outline how each asset and debt will be divided, how spousal support will be handled, and how any future disputes will be resolved. Vague or incomplete agreements can lead to future litigation, especially if one party feels slighted or circumstances change.
Key items that should be included in a settlement agreement:
Division of all marital assets and debts
Spousal support details (amount, duration, conditions)
Provisions for retirement accounts and pensions
Responsibilities for tax filings and liabilities
Dispute resolution terms (such as mediation or arbitration)
Attorneys at The Law Offices of Howe & Garside, Ltd prepare strong agreements designed to prevent misunderstandings down the road. Their careful attention to detail helps clients move forward with confidence.
Contact an Experienced Divorce Lawyer
High-asset divorces require more than just legal paperwork—they call for strategic thinking, careful planning, and strong advocacy. Whether you're concerned about dividing a business, protecting your retirement, or making sure support is fair, having a knowledgeable attorney is essential.
The Law Offices of Howe & Garside, Ltd, located in Newport and Lincoln, serves clients in all of Rhode Island, including but not limited to Providence, Warwick, Bristol, Westerly, Woonsocket, and Pawtucket. The firm helps clients work toward favorable divorce settlements that reflect both the financial and emotional aspects of their unique situation.
No matter how complicated your divorce may seem, you don’t have to face it alone. Reach out today to schedule a confidential consultation and take the first step toward protecting your future.