Are you looking for a high asset divorce lawyer in Palo Alto, CA?
At Schank Family Law, we offer high asset divorce representation from a firm with more than 20 years of practice and recognition from Martindale-Hubbell.
If stock grants, a business, or multiple properties are part of a Palo Alto divorce, each asset must be classified and valued before the court can divide the estate equally. That work starts with financial disclosures and, in many cases, independent appraisals. Our Palo Alto, CA high asset divorce lawyer identifies, values, and divides complex marital estates, from pre-IPO stock and investment portfolios to professional practices and multiple properties. Schank Family Law has represented California spouses in family court since 2003. Contact our office to arrange a review of your case.
High Asset Divorce Lawyer Palo Alto, CA
When does a divorce count as high asset? California has no legal threshold. The term describes a divorce in which the marital estate includes valuable or complex assets that require specialized valuation, such as stock compensation, closely held businesses, or several properties. A high asset divorce attorney handles the classification, valuation, and division of those assets alongside support and any custody issues.
The median value of an owner-occupied home in Palo Alto exceeds $2 million, according to Census QuickFacts data. A residence at that value can be the largest single asset in a marriage, and high asset estates often also hold equity awards, brokerage accounts, and business interests. A Palo Alto high asset divorce lawyer values each asset and determines which portions belong to the community.
Types of High Asset Divorce Cases We Handle in Palo Alto
High asset cases differ mainly in what the estate contains. The following are the categories we handle most often for Palo Alto spouses, and many estates include several at once.
- Divorce. Every high asset case is first a dissolution with disclosures, temporary orders, and a final judgment. We manage the full case so the property work fits within it.
- Equity compensation. Restricted stock units, incentive and nonqualified stock options, and employee stock purchase plans often vest over years that straddle the marriage and separation. We allocate each grant between community and separate periods.
- Startup and founder interests. Founder shares, early-stage equity, and carried interests are difficult to value before a liquidity event. We work with valuation professionals to address how and when those interests should be divided.
- Closely held companies and practices. A company built during marriage has a community component even if only one spouse operates it. We examine growth, goodwill, and the contribution of each spouse’s personal effort.
- Real estate holdings. Primary residences, vacation homes, and rental properties each require appraisal and a decision about buyout, sale, or division. We also address properties partly funded with separate money.
- Retirement and deferred compensation. 401(k) plans, pensions, and deferred compensation arrangements are divided according to the community share. Where a plan needs its own division order, we work with an outside preparer.
- Separate property tracing. Inheritances, gifts, and premarital assets often become mixed with community funds over a long marriage. We reconstruct the account history to protect separate property claims.
- Alimony. Spousal support in high income cases turns on the marital standard of living and each spouse’s earning capacity. We present the financial evidence behind both.
- Divorce mediation. Some high asset spouses prefer to resolve valuation and division privately. We represent clients in mediation and review proposed terms before anything is signed.
- Concealed or undervalued assets. When accounts are moved, income is deferred, or business value is understated, we use subpoenas and forensic analysis to bring the full estate into the case.
Why Choose Schank Family Law as my High Asset Divorce Lawyer in Palo Alto, CA?
Valuation Strategy for Complex Estates
In most high asset divorces, the division rule is simple: community property is split equally. The difficult questions are what each asset is worth and how much of it is community property. We decide early which assets need independent appraisal, which valuation date the law allows for each one, and which method fits a closely held business. We coordinate with forensic accountants and appraisers and review the opposing side’s valuations in detail. Equity awards receive the same scrutiny, since grant dates, vesting schedules, and tax treatment all affect what a share is actually worth to each spouse.
Christian Schank’s Leadership and Credentials
The firm is led by founding attorney Christian Schank, whose background includes:
- Licensure by the State Bar of California in 2003
- Experience in law firm management going back to 1998
- Undergraduate study at Brigham Young University and a J.D. earned at the University of La Verne College of Law
- AV rated through Martindale-Hubbell since 2000
- Recognition as Lead Counsel Verified in the family law category since 2015
Because we also practice as a family lawyer in Palo Alto, CA, custody and support questions raised by a high asset divorce can be handled without bringing in another firm.
Understanding High Asset Divorce Cases
What Are Important Aspects of a High Asset Divorce Case?
The value of a complex estate depends on decisions made early in the case. These issues come up repeatedly in Palo Alto high asset divorces.
- Valuation dates. The law generally values assets at or near the time of trial, but the court can use a different date when fairness requires it. The choice can shift the result substantially for assets that rise or fall quickly.
- Characterization of equity. Unvested stock may be partly community and partly separate, depending on when it was granted and what it was granted for.
- Business growth and personal effort. When a spouse’s separate business grew during marriage, the court separates the return on the original investment from the value created by community effort.
- Tax consequences. Two assets with the same stated value may carry very different tax costs. Stock option taxation is a frequent example.
- Liquidity. An equal division can still be hard to carry out when most of the estate is illiquid, and creatively drafted settlements are often needed to balance cash, real estate, and stock.
What Is The High Asset Divorce Case Timeline?
High asset divorces generally take longer than standard dissolutions because of the valuation work involved. The sequence below reflects most cases.
- The petition is filed and served, starting California’s minimum six-month waiting period.
- Each spouse serves a preliminary declaration of disclosure covering what they earn, own, and owe.
- Formal discovery, appraisals, and business valuations proceed, often over several months.
- The spouses negotiate, mediate, or use private arbitration to resolve contested valuations.
- Unresolved issues go to trial, and the court enters a judgment dividing the estate.
Community Property, Valuation, and Asset Division in High Asset Cases
The legal framework is the same one that governs every California divorce, applied to a larger and more complicated estate. The asset division basics that apply to every case remain the starting point.
- Community property is generally divided equally, in value if not always in kind
- Separate property covers premarital assets, post-separation earnings, and anything inherited by or given to one spouse
- Mixed assets are apportioned between community and separate interests
- Each spouse owes the other a fiduciary duty and must fully disclose assets and debts
- The court can order remedies when a spouse conceals or misuses community property
Guidance from an attorney on protecting a high net worth divorce and on who keeps the house will address two questions that arise in nearly every estate of this size.
What Should You Bring to Your High Asset Divorce Consultation?
A complete financial picture allows us to identify the valuation issues at the first meeting.
- Tax returns for the last three years, including business returns and K-1s
- Equity award agreements, vesting schedules, and brokerage statements
- Business formation documents, operating agreements, and financial statements
- Deeds, mortgage statements, and any appraisals for real estate
- A copy of any marital agreement signed before or during the marriage
Our review at that meeting identifies which assets are likely to be contested and which valuation questions need early attention. You will leave knowing where the major issues in your estate lie.
Palo Alto Family Court and Local Resources
Palo Alto divorce cases go to the Superior Court of Santa Clara County, which hears family law matters in San Jose. Temporary orders, discovery disputes, settlement conferences, and trial on contested valuation issues are all handled through that court.
Several public resources can help spouses prepare. The county court self-help center offers forms assistance and family law facilitator information for people without an attorney. For local research, the Palo Alto City Library maintains a guide to Palo Alto legal resources, including access to legal research tools. Tax questions often shape how a high asset estate is divided, and the IRS explains filing status, property transfers, and community property rules in its divorce tax guide. Each of them operates independently of Schank Family Law.
Reach Out to Schank Family Law to Schedule a Consultation
A high asset divorce starts with a clear inventory and a valuation plan. Contact us and ask for a free case evaluation, which begins with our intake specialist collecting the key facts about your estate and deciding whether attorney review should follow. We respond to new inquiries quickly.
