Five Mistakes to Avoid in High Asset Divorce

 Posted on October 07, 2026 in High Asset Divorce

Divorcees with high-value assets follow the same laws as everyone else getting a divorce. The difference is that wealthy individuals have more at stake in terms of finances. The process of dividing up their assets is often more complicated because the assets are numerous and diverse. In cases like these, skilled legal representation makes a major difference.

At Calabrese Associates, P.C., our DuPage County, IL divorce lawyer can stand up for your interests during high-value property division. Drawing on more than 30 years of legal experience, Attorney Michael J. Calabrese helps clients maneuver around common pitfalls that come up in negotiation and litigation.

What Five Mistakes Should Couples Watch Out for in a High-Asset Divorce?

Whether because of miscalculation or emotion, making a mistake can cost thousands or millions of dollars. Individuals in a high asset divorce must take care to avoid these mistakes when dividing up their marital properties:

Hiding Assets

With the prospect of losing several valuable marital properties, a divorcee may try to protect them by purposely hiding them or failing to disclose them. Common tactics include creating hidden accounts or temporarily transferring properties to a friend. A divorce court may penalize a party who has been caught trying to deceive a spouse. The guilty party may be forced to compensate the other spouse by giving up marital assets or money.

Incomplete Investigation

A spouse can be held accountable for hiding assets only if the other spouse catches him or her. Failing to thoroughly search for marital assets puts a spouse at a disadvantage. The identified properties may be divided equitably, but having hidden properties means one spouse is receiving an inequitable share. If a spouse learns about the hidden assets after the divorce is completed, he or she is responsible for providing evidence of the deception.

Undervaluing Assets

Once spouses identify all of their marital assets, they must put an accurate value to each asset. Complex properties, such as businesses or investments, are common in high asset divorces and difficult to assess. One spouse will likely maintain complete control of the business, while the other receives equitable compensation. When assessing a business, assessors must determine both its current and future value.

Forgetting Tax Obligations

Not all marital properties are treated equally in terms of taxes. Some properties, such as real estate, are subject to additional taxes. After taxes are taken out, a once-equitable division of property may seem more uneven.

Giving in to Emotions

Rich or poor, couples are likely to feel some bitterness towards each other during a divorce. This may cause parties to make decisions based on spite, rather than what will benefit themselves. With high-asset divorces, there are more opportunities to try to punish a spouse by obstructing his or her efforts to receive an equitable share of property. Vindictive actions do not help negotiations and needlessly prolong the process.

Does Fault for the Divorce Affect High-Value Asset Division in Illinois?

Fault for the breakup of a marriage does not affect how an Illinois court divides high-value assets. Illinois is a no-fault divorce state. The only ground for divorce is irreconcilable differences. A judge will not give one spouse a bigger share of the house or the stock portfolio as a reward for good behavior. Illinois law requires the court to divide marital property without regard to marital misconduct (750 ILCS 5/503).

Many spouses are surprised by this rule. A spouse who was hurt by an affair may expect the court to punish the other person. Pushing a case to trial in hopes of that outcome can waste time and money.

There is one important exception. Spending marital money on something unrelated to the marriage while the marriage is falling apart is called dissipation. Examples include buying gifts for a new partner, gambling away savings, or taking expensive trips without the other spouse. The court can charge these losses against the spouse who spent the money. Strict notice rules and deadlines apply to dissipation claims, so they should be raised early in the case.

Is It Better to Settle in a High-Net-Worth Divorce?

Settling a high-net-worth divorce outside of court is often the better choice, but not always. A settlement lets the couple decide how to divide their property instead of leaving it to a judge. For instance, one spouse could keep the family business while the other keeps the vacation home and a larger share of the retirement funds. A judge may not come up with a plan that fits the family so well.

Settling also tends to cost less and take less time. Trials require expert reports, depositions, and many hours of legal work. Court records are generally public, while settlement talks can stay more private. For people who own a business or have a public profile, privacy can be a major concern.

Still, a settlement only works if both sides are honest. If one spouse refuses to share financial records or keeps making unfair demands, a trial could be necessary. A spouse should never sign an agreement just to make the conflict end. Once the court approves a settlement, it can be very hard to change later. Each offer should be compared against a full picture of the marital estate.

When Are Outside Experts Needed in High-Value Property Division?

Outside experts are often needed in high-value property division when assets are hard to find, hard to value, or carry hidden tax costs. Attorneys know the law, but they are not trained to value a company or trace money through dozens of accounts. Outside professionals in a high-asset divorce include:

• Forensic accountants who trace hidden income, transfers, and accounts
• Business valuation experts who estimate what a company or professional practice is worth
• Real estate appraisers who value homes, rental properties, and land
• Tax advisors who explain how selling or transferring an asset will be taxed
• Actuaries or pension experts who value retirement plans and stock options

Experts also help prevent some of the mistakes described earlier. A forensic accountant can uncover accounts a spouse tried to hide. A tax advisor can show that two assets with the same price tag are not truly equal.

Contact Our Naperville, IL Divorce Lawyer

A divorce that includes several valuable assets requires an experienced and knowledgeable divorce attorney. Our DuPage County, IL asset division attorney at Calabrese Associates, P.C. can properly identify and assess your marital properties. Schedule a consultation today by calling 630-393-3111.