Understanding the Division of Assets in a High-Asset Divorce
Aug. 13, 2025
Dividing assets in a divorce is often challenging, but in high-asset cases, the stakes and level of scrutiny increase significantly. When substantial wealth is at play, every financial detail—from investments to property valuations—undergoes thorough examination.
As the founding attorney at The Hardin Law Firm LLC, I’ve guided clients with complicated portfolios, including business interests, real estate, retirement accounts, and investment income, all of which must be assessed and divided according to Missouri’s equitable distribution laws.
Over the years, my firm has helped countless clients overcome their legal challenges in a variety of family law and child custody matters. If you’re dealing with a divorce involving significant wealth, you may be questioning how your property will be classified and what measures you can take to safeguard your interests.
As a divorce attorney, I provide clarity and help you craft a strategy to divide the assets you’ve worked so hard to accumulate. If you're in the St. Louis, Missouri area and need trustworthy legal representation, call me for a free case consultation.
Missouri's Property Division Approach
Missouri follows equitable distribution principles, which means property is divided fairly—not always equally. A judge may consider each spouse’s contributions, financial situation, and future earning potential when allocating assets.
Before any division happens, the court needs to know what’s on the table. That starts with classifying property as either marital or separate.
Marital vs. Separate Property
The court only divides marital property. Anything considered separate usually stays with the person who owns it.
Some key differences to keep in mind include:
Marital property often includes income, real estate, retirement savings, or other items acquired during the marriage.
Separate property may include assets owned before marriage, inheritances, or gifts given to just one spouse.
When separate assets are mixed with marital ones—for example, when inherited funds are placed in a joint bank account—it becomes harder to prove ownership. That’s where a divorce attorney like me can help trace where the money came from and where it went.
High-Value Property Categories
High-asset divorces typically involve multiple types of wealth that need careful review. These assets often include:
Real estate holdings such as primary homes, investment properties, and vacation houses
Retirement accounts like pensions, 401(k)s, and IRAs
Privately owned businesses or professional practices
Investment portfolios made up of stocks, bonds, or digital currencies
Luxury goods, including jewelry, art, or high-end vehicles
Trusts or estate interests that may impact inheritance
Accurately valuing these types of property is essential. In many instances, I collaborate with financial experts, such as appraisers and forensic accountants, to strengthen my clients’ positions in court or during negotiations.
Business Interests in Divorce
Business interests often make asset division more challenging. The court needs to know whether the business is marital property, its actual worth, and what each spouse’s involvement has been.
Valuing a Business
The value of a business doesn’t rest on paper figures alone. Courts may consider:
Past and projected income
Outstanding debts or liabilities
The business's goodwill and brand recognition
Industry and market conditions
If one spouse actively runs the company, the other may receive offsetting assets rather than joint control. That helps avoid ongoing disputes between former spouses.
How Debt Is Divided
Debt division follows many of the same rules as asset division. Missouri courts classify debt as marital or separate depending on when and why it was incurred.
Common marital debts include:
Mortgages on shared property
Joint credit card balances
Loans taken for family expenses
Tax debts linked to joint filings
If you’re concerned about being assigned debt your spouse created alone, it’s important to work with a divorce attorney who can present your case clearly and accurately.
Prenuptial and Postnuptial Agreements
Many high-net-worth individuals sign agreements before or during marriage to define what belongs to each party. These contracts often hold up in Missouri courts, but not always.
An agreement may be invalid if:
One spouse signed it under pressure
Full financial disclosure wasn’t provided
Terms are severely lopsided
If you signed a prenup or postnup, I, Attorney Steven Hardin, can review it and explain how it may affect your rights during the divorce process.
Spousal Maintenance and Lifestyle Considerations
In some cases, courts may award spousal maintenance (alimony) when one spouse has significantly less income or earning potential. Missouri courts weigh several factors, including:
The duration of the marriage
Each person’s education and job prospects
The couple’s established standard of living
The receiving spouse’s need and the other’s ability to pay
In high-asset divorces, spousal maintenance isn’t automatic. The judge will decide whether it’s appropriate and for how long.
When Assets Are Hidden or Undervalued
In high-conflict divorces, one party may try to conceal income or devalue property. This might involve:
Transferring money to a relative
Delaying business deals
Hiding bonuses or commissions
Using multiple accounts to confuse ownership
Missouri courts require both parties to disclose their financial details honestly. If you believe your spouse is hiding assets, your divorce attorney can take legal steps to uncover the truth and bring everything to light.
Tax Implications of Property Division
Transferring or selling property during divorce may lead to tax bills down the road. While Missouri courts don’t directly manage these consequences, they should be factored into negotiations.
Some examples include:
Capital gains tax on appreciated property
Early withdrawal penalties on retirement accounts
Business tax obligations
By working with a tax professional and a divorce attorney like me, clients can make smarter choices during settlement talks.
Dividing Retirement and Investment Accounts
Retirement savings often represent a significant portion of a couple’s wealth. In Missouri, accounts like 401(k)s, IRAs, and pensions are subject to division if contributions were made during the marriage. This applies even if only one spouse’s name is on the account.
Courts may issue a Qualified Domestic Relations Order (QDRO) to divide employer-sponsored plans. This allows funds to be split without early withdrawal penalties. However, the tax consequences may vary depending on how the division is handled.
Brokerage and investment accounts also require close scrutiny. Some spouses attempt to shield growth by purchasing illiquid assets or moving funds between platforms. A divorce attorney like myself who's familiar with tracing financial activity can help untangle account histories and request the documentation needed to clarify ownership.
Cryptocurrency and Digital Assets
Digital assets like cryptocurrency are becoming increasingly common in high-asset divorces. Missouri courts treat cryptocurrency the same as any other marital property if it was acquired during the marriage. The challenge lies in locating and valuing it.
Cryptocurrency may be stored in online exchanges, digital wallets, or even on offline devices. Unlike traditional accounts, it can be moved quickly and without the involvement of financial institutions. This makes it harder to track without proactive legal discovery.
If your spouse owns digital assets, it’s essential to:
Identify all platforms and wallets in their name
Obtain transaction histories to confirm dates of acquisition
Determine whether assets were purchased with marital funds
As your divorce attorney, I can work with forensic specialists to make sure nothing slips through the cracks during disclosure.
Professional Licenses and Degrees
In long marriages, one spouse may have supported the other while they pursued advanced degrees or professional licensing. Missouri doesn’t classify a degree or license as divisible property, but courts may consider the financial investment one spouse made in the other's career.
For example, if you worked while your spouse went to medical school, the court may factor that contribution into property division or spousal maintenance decisions. That’s why it's so important to document not only your income, but your non-financial contributions to the household as well.
These cases often require testimony or expert analysis to show how one spouse’s support boosted the other’s long-term earning capacity. A divorce attorney, like myself, who’s familiar with Missouri family court expectations, can present those arguments clearly.
How Judges Decide What's Fair
Missouri judges use a range of criteria when dividing marital property. Some of the most common factors include:
Each spouse’s contributions to the marriage, financially and otherwise
The economic circumstances each spouse will face after divorce
Misconduct related to property (like wasting funds or hiding assets)
Custody arrangements, if minor children are involved
Rather than splitting everything down the middle, courts try to strike a balance based on the whole picture. A divorce attorney like me helps explain your side of that picture, using documentation and expert support when needed.
Call for Legal Help
High-asset divorces carry more risk, but you don’t have to give up the wealth you’ve worked for. At the Hardin Law Firm LLC, I can help protect your financial future with sound legal strategies and personal attention. Call today to work with a divorce attorney who understands asset division and is committed to fighting for the best possible outcome in St. Louis, Missouri. Call now to schedule a consultation.