Things to Consider When Undertaking a High Net Worth Divorce

 Posted on June 05, 2026 in Kane

Divorces among high-net-worth individuals often involve more complications than the average divorce. Asset division in particular may be more complicated. It’s important to get these valuations right. Whatever is put down in the divorce decree will often affect both spouses for years, and possibly for the rest of their lives.

If you're approaching a high-asset divorce in 2026, a Kane County, IL asset division lawyer can help you protect what you've built.

What Makes a High-Net-Worth Divorce Different from a Typical Divorce?

A high-net-worth divorce differs from other divorces because of the type and complexity of the assets involved. The legal framework is the same. Valuing and dividing the property, however, is far more involved.

Illinois is an "equitable distribution" state. Under 750 ILCS 5/503, the court determines what marital or personal property is. It then divides marital property based on factors like each spouse's financial contributions, the length of the marriage, and each person's financial circumstances. In high-asset divorce, determining the value of assets and then who should receive them can be complicated.

Common hard-to-divide assets include:

• Businesses or professional practices
• Stock options, restricted stock, and other deferred compensation
• Properties, including vacation homes and investment real estate
• Retirement accounts, pensions, and trusts
• Art, collectibles, and other hard-to-value property

Each of these requires careful valuation, often by an expert. However, different experts may come up with different valuations for assets. This can lead to issues during the division process.

How Is Marital Property Separated From Non-Marital Property in Illinois?

Marital property is generally anything acquired during the marriage. Non-marital property includes assets you owned before marriage. It also covers anything you received individually as a gift or inheritance.

Marital and non-marital property may blend over time. This process is called commingling. For example, if you owned a business before marriage but your spouse contributed to it, part of the business may be considered marital property.

An experienced divorce attorney can help you prove what belongs to you alone.

What Steps Should I Take Early to Protect My Assets in Divorce?

Making decisions about ownership involves detailed financial records. As such, protecting non-marital property starts with documentation. Keeping clear records of what you owned before the marriage and how separate assets were handled can make a difference in the division process.

In a high-asset divorce, the better your documentation, the easier it is to prove what’ is your non-marital property. A few other steps you should take include:

• Gathering statements for all accounts, properties, and investments
• Locating documentation showing the origin of any non-marital assets
• Making a record of valuable personal property before anything is moved
• Identifying any debts, since liabilities are divided along with assets

Full financial disclosure is required by law in Illinois. Trying to hide assets can carry serious legal consequences. If you suspect your spouse may be concealing income or property, speak to your attorney. They can help you get additional professional financial help if needed.

What Financial Professionals Do You Need for a High-Net-Worth Divorce in Illinois?

High-net-worth, or high-asset, divorces frequently need input from financial professionals. The legal process depends on accurate numbers. A lawyer handles the legal strategy, but valuing a business or tracing complex assets often calls for specialized help.

Business valuation experts can determine what a company or professional practice is truly worth. Forensic accountants can trace funds, uncover hidden assets, and separate marital property from non-marital property. Tax advisors can flag the consequences of dividing certain assets. Two accounts that appear to be of equal size can have very different values once taxes are considered.

If your divorce involves complex finances, consult with your attorney on what kind of additional help would benefit your case.

How Are Children Affected by High-Net-Worth Divorce in Illinois?

Parents with children in a high-asset divorce are subject to the same Illinois laws about parental responsibilities and parenting time as any other family. The court will make all decisions based on the child’s best interests, regardless of the income bracket.

High income levels may affect things like child support in some cases. Illinois courts generally use a formula to come up with appropriate child support amounts for different income levels. In the case of high-income individuals, judges can order additional support to cover things like private school tuition and extracurricular activities. These are likely to be given extra consideration if a child was enrolled in them before the divorce began.

The effect of the divorce on accounts like trusts for children depends on how the trust is structured and funded. If the trust is irrevocable and funded with non-marital money, it may remain undivided. Trusts set up with marital funds that can be revoked may be subject to scrutiny in asset division.

Call a St. Charles, IL Family Lawyer Today

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our Kane County,  IL family law attorneys are experienced in the intricacies of high-net-worth divorce. We can answer your questions and get you connected to any additional experts you need throughout the process. MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb County. Call us at 630-665-7300 today to set up an initial attorney meeting.