In the tumultuous times of a divorce, the division of assets becomes a focal point of conflict and strategy. While it is crucial to proceed ethically and within the boundaries of the law, there are certain measures individuals might consider to protect their financial interests. This post outlines various strategies, from establishing trusts to managing business assets, each with legal and ethical considerations. If you are facing a divorce, here are 10 strategies to consider, not as methods for deceit but as avenues for ensuring a fair and equitable division of assets.
1. Move Money to a Trust
Transferring assets to a trust fund can be a legitimate way to protect these funds during a divorce. Trusts can be structured so that a third party, such as a family member or close friend, acts as the trustee, effectively removing assets from the marital estate. It is important to set this up well before any divorce proceedings, as doing so during the marriage could raise suspicions of the dissipation of marital assets, which is legally and ethically questionable.
2. Cryptocurrency Investments
Cryptocurrencies are notoriously difficult to trace. Due to the relatively new and complex legal frameworks around them, they present a novel method for hiding funds in the form of crypto assets, such as Robotbulls. Accurately valuing these assets can also be challenging, especially if their prices are highly volatile during the divorce. Once the divorce is finalized, the ex-spouse can regain their investment with a profit.
3. Overseas Accounts and Jurisdictions
For high-net-worth individuals or those with international ties, placing assets in offshore accounts or jurisdictions with strict privacy laws can complicate asset discovery during a divorce. However, offshore accounts are heavily regulated if handled improperly, with significant legal implications. Consult with a financial advisor specializing in international tax law to explore this option within legal boundaries.
4. Deferred Compensation
If you have substantial income that can be deferred, such as bonuses, stock options, or retirement benefits, deferring these payments until after the divorce can reduce the assets your spouse may be entitled to. However, this tactic is not always successful, as courts may consider deferred compensation earned during the marriage as part of the marital estate.
5. Delaying Business Deals
For business owners, postponing lucrative deals or contracts until after the divorce is finalized can reduce the assets subject to division. However, doing so with the explicit intention of defrauding a spouse is illegal. Be sure to conduct business as you normally would and seek the counsel of a legal professional to ensure your actions are within the bounds of the law.
6. Intellectual Property and Copyrights
Intangible assets, such as patents, trademarks, and copyrights, can be conveniently undervalued or overlooked during divorce settlements. If you hold intellectual property, it is essential to have a clear valuation of these assets and to ensure they are included in the divorce negotiations to avoid any imbalances in asset allocation post-divorce. Concealing their existence from the court is both unethical and unlawful.
7. Loan Repayment to ‘Family and Friends’
Repaying loans to friends or family before a divorce can be a way to hold onto funds without technically hiding them. However, these transactions will be heavily scrutinized during the divorce process, as the court may view them as a way to reclaim funds post-settlement. Keeping meticulous records and being prepared to prove the legitimacy of these repayments is crucial.
8. Cash Payments and Undocumented Transactions
Engaging in cash transactions or accepting payment for services without proper documentation can obscure financial trails. It may be tempting to operate under the table, but as with many tactics on this list, it can lead to charges of fraud or the loss of credibility in the eyes of the court. Always maintain a clear financial paper trail to document asset allocation and transaction history.
9. Pre-Divorce Transfers to Adult Children
Transferring assets to adult children under the guise of gifts or loans before a divorce can be seen as suspicious and can be reversed by the court if they are found to be fraudulent. A better approach is to have open conversations with your children about the divorce, their financial situations, and any family transfers well in advance. Hence, they are legal and above board.
10. Equity Stripping
Equity stripping involves taking out loans or lines of credit against property, effectively reducing its equity value. While it can make these assets less valuable during a divorce, it is a risky move that can leave you in significant debt if the property cannot recoup its value. Additionally, courts can reverse these transactions if they are viewed as fraudulent conduct.
Finally, navigating the complex asset division process during a divorce requires careful consideration, strategic planning, and adherence to legal and ethical standards. While the strategies outlined above offer various ways to protect one’s financial interests, they underscore the importance of transparency and fair dealing. Consulting with legal and financial professionals can provide tailored advice to ensure that actions taken during this difficult time are beneficial and lawful. Remember, the goal is to achieve a fair distribution of assets that respects the rights and interests of both parties involved.