As the overall value of the marital estate increases due to professional success or large inheritances, the complexity of the marital estate increases as well. Most people with valuable assets understand the idea of diversification.
Spouses may own real estate in addition to the home where they live. They may have a stock portfolio or an ownership interest in a small business. Successful and financially secure spouses could end up facing particularly challenging divorce proceedings.
Couples with complex marital estates may want to consider settling their financial disagreements in mediation instead of litigating. Why do high-asset couples facing complicated divorces benefit from trying to settle outside of court?
Retaining control over the outcome
Judges reviewing inventories of assets have to make complex decisions about the allocation of property and also responsibility for marital debts. Judges may have to settle disputes about what assets are worth. They may also make decisions about the allocation of property and responsibility for marital debts.
Judges can allocate debts and assets to either spouse. They can also order the liquidation of marital resources to facilitate a fair property division settlement. Frequently, spouses with complex estates have strong preferences regarding what assets they retain when they divorce. Choosing to mediate allows the spouses to control the property division terms for their divorce.
Preserving their privacy
Successful professionals typically do not want to broadcast details about their financial resources to the general public. The need to make extensive financial disclosures for a judge to evaluate can leave people feeling exposed during divorce proceedings. The confidentiality of mediation is beneficial for those with complex assets who do not want others to know the extent of their personal holdings.
Allowing for more complex discussions
Spouses may recognize that certain unusual circumstances, ranging from marital misconduct to promises made prior to marriage, should have an impact on the outcome of property division proceedings. Sometimes, settling matters privately outside of court is the only way to ensure that the property division settlement reflects marital circumstances and pre-existing commitments between the spouses that may not be verifiable in a family courtroom.
Discussing the possibility of divorce mediation can help couples with complex assets navigate divorce more gracefully. Mediation is one of multiple dispute resolution tools that can limit the stress and emotional volatility of a divorce.