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Law Office of Richard Roman Shum, Esq., PLLC.

Manhattan High-Asset Divorce Lawyer

Divorcing in Manhattan as a high-net-worth individual brings unique challenges that can go far beyond the typical divorce. With significant assets at stake, ranging from investment portfolios and real estate to businesses and luxury property, your financial future and your family’s well-being are closely tied to how these proceedings unfold. The stakes are high, and so is the need for thoughtful, strategic guidance tailored to your priorities.

At the Law Office of Richard Roman Shum, Esq., we understand the importance of protecting what matters most to you. Our skilled Manhattan high-asset divorce lawyer can guide you through every step of the process, helping you make informed decisions about your finances, property, and family. Whether it’s advocating for a fair division of assets, structuring alimony agreements, or safeguarding your privacy, we’re here to protect your rights and your family’s best interests.

Your future matters. Let’s work together to create a resolution that reflects your goals and safeguards what you’ve worked so hard to build.

Call us at (646) 259-3416 today to schedule a consultation and learn more about how our experienced Manhattan divorce lawyer can help you.

“In both cases attorney Shum was great to work with. Navigating both of these situations was, at times, confusing. Attorney Shum made the details of both matters easy for me to comprehend.”

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What Makes High-Asset Divorce Cases Unique in Manhattan

High-asset divorces in Manhattan stand apart due to their financial stakes, lifestyle intricacies, and the legal considerations required to protect significant wealth. When you’re dealing with substantial assets, it’s essential to approach the process carefully to protect what matters most to you.

Defining High-Asset Divorce and Its Requirements

High-asset divorce is more than just separating from your spouse. These cases typically include:

  • High-value marital property, such as luxury homes, investment properties, or vacation estates.
  • Complex financial portfolios, including stocks, bonds, retirement accounts, and significant savings.
  • Business ownership or partnerships, where valuation and division can get tricky.
  • Luxury assets, such as artwork, jewelry, and high-end vehicles.

To protect your financial future, it’s essential to distinguish between marital property (assets acquired during the marriage) and separate property (assets owned before the marriage or acquired individually through inheritance or gifts). New York follows equitable distribution laws, which means property is divided fairly, though not necessarily equally. A clear, accurate valuation of assets is the foundation of a fair outcome.

Challenges of Divorcing in Manhattan’s Wealthy Communities

Manhattan’s high-end lifestyle adds a layer of complexity to divorce proceedings. You may need to address matters that don’t arise in most divorces. For example:

  • Privacy concerns: Protecting your financial and personal information from public exposure is often critical in high-profile cases.
  • Hidden assets: High-net-worth divorces can sometimes involve uncovering offshore accounts, trusts, or other concealed holdings.
  • Lifestyle considerations: Preserving the standard of living for both parties and any children involved often becomes a point of contention.

These challenges can lead to prolonged negotiations or litigation, making it even more important to approach the process with the right legal guidance and strategy.

Divorce doesn’t have to jeopardize your future. At the Law Office of Richard Roman Shum, Esq., we’re committed to helping clients protect their assets, lifestyle, and peace of mind. Let us handle the legal details so you can focus on moving forward confidently.

Call (646) 259-3416 today to schedule a free consultation, and let’s discuss how we can help you secure the outcome you deserve.

We Are Here to Help You

Fighting against the legal system can be terrifying, but with Richard Shum, you never have to fight alone.

Manhattan High-Asset Divorce Lawyer

Richard Roman Shum, Esq.

Richard Shum, a lifelong New Yorker and proud resident of Manhattan’s Lower East Side, has dedicated his legal career to helping individuals safeguard their financial futures and protect their families during divorce proceedings. Growing up in one of the city’s most diverse neighborhoods has shaped his deep appreciation for the unique challenges that high-asset divorces present. As a father, he understands the importance of creating pragmatic, results-driven strategies that prioritize both your family’s well-being and your financial interests.

With over 15 years of experience, Mr. Shum is known for his calm, focused demeanor and his ability to craft tailored legal solutions for complex high-asset cases. He works closely with his clients to handle intricate matters such as property division, business valuations, alimony, and asset protection. His goal is to deliver efficient, fair resolutions while protecting what matters most to you. In every case, Richard Shum combines compassion with a sharp, detail-oriented approach to achieve the best possible outcome for families.

Dividing Marital Property in High-Asset Divorce Cases

New York’s equitable distribution laws add another layer of responsibility in high-net-worth cases, requiring fairness in how property is divided. Parties in a divorce should adopt a meticulous approach when it comes to accounting for and distributing marital property.

One of the first steps in dividing property is determining what belongs to the marriage and what doesn’t. This distinction is critical because only marital property is subject to division. In New York:

  • Marital property includes assets acquired during the marriage, such as income, real estate, retirement accounts, and investments.
  • Separate property covers anything owned before the marriage, as well as inheritances or gifts received individually during the marriage.

However, the line between marital and separate property can blur. For example, if you commingled funds (e.g., used separate funds to purchase a marital home), the court may view those assets as marital property. This can significantly impact how your assets are divided, making it essential to clarify what’s truly yours.

High-asset divorces often involve assets that are difficult to appraise. Businesses, real estate, and investment portfolios don’t come with simple price tags, and their worth can fluctuate depending on market conditions. Key considerations include:

  • Business valuation: This involves assessing the company’s assets, liabilities, cash flow, and growth potential.
  • Real estate appraisals: Luxury properties and investment real estate require detailed appraisals to determine their fair market value.
  • Investments and retirement accounts: Stocks, bonds, and 401(k)s must be carefully evaluated to assess their current and future worth.

Accurate valuations are crucial. Working with financial professionals, appraisers, and forensic accountants can help ensure no asset is undervalued or overlooked.

In high-net-worth divorces, it’s not uncommon for one spouse to attempt to hide assets. This could involve offshore accounts, undisclosed investments, or transferring funds to family or friends. Identifying hidden assets is critical to achieving a fair division. Financial experts can trace hidden accounts, transfers, or discrepancies in reported income. Additionally, offshore accounts can be challenging to uncover without professional assistance.

New York courts take asset disclosure seriously. As part of the divorce process, both parties are required to provide a Statement of Net Worth, listing all assets and liabilities. Failing to disclose assets can lead to significant legal consequences.

Getting a divorce in an equitable distribution state means that your marital property would be subjected to a fair, but not necessarily equal, distribution. Several factors influence how property is divided, including:

  • Each spouse’s income and earning potential.
  • The length of the marriage.
  • Contributions made by each spouse, both financial and non-financial (e.g., raising children or supporting a career).
  • The age and health of both parties.

Fairness doesn’t always mean a 50/50 split. The court looks at the unique details of your marriage and finances to determine what’s fair in your specific case.

Dividing marital property in a high-asset divorce is about more than just numbers; it’s about ensuring a fair division and protecting you and your family’s future. At the Law Office of Richard Roman Shum, Esq., we can help you address these concerns with precision and care.

Call us today at (646) 259-3416 to schedule a free consultation.

“Attorney Richard Shum assisted my family and I with a very difficult landlord. At a time of a lot of concern and uncertainty, Mr. Shum was there for us every inch of the way, his confidence and vast knowledge of the law, together with his passion for it and for helping people, provided us the serenity to go on about our life, while he took care of they daunting matter. At the end we reached an agreement only Atterney Shum could achieve. Since I recommended his service to any friends that is in need of help with legal matters, from Landlord/Tenant to family court, and in every case I receive a thank you call from said friends, following the successful outcome he provided. So, as I say to my friends, if you need an Attorney that will fight for you, and not stress you out, call this guy. you will thank me.”

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Alimony and Spousal Support in High-Net-Worth Divorces

When one spouse has a much higher income or earning capacity, support payments help maintain financial stability for the other party after the marriage ends. These cases can be more intricate in Manhattan because of the high incomes and significant assets involved. The court considers specific factors in determining how much and for how long to award spousal support or maintenance.

Alimony decisions in high-income divorces go beyond simple formulas, as New York courts carefully evaluate multiple factors to determine the amount and duration of support. These cases often hinge on the income disparity between spouses, with the higher-earning spouse potentially required to provide support to help the other maintain a comparable standard of living. Longer marriages typically lead to more substantial or extended alimony awards, and the recipient’s financial needs, such as housing, everyday expenses, or education and job training, also play a vital role.

More consideration can be given when determining spousal maintenance in high-income divorces due to the luxurious lifestyle maintained during the marriage. Payments may reflect this, but the court also considers what is fair and reasonable, balancing the supporting spouse’s obligations and financial capabilities.

As with the distribution of marital property, the court also weighs key factors such as contributions to the marriage, which extend beyond financial support. A spouse who paused their career to raise children or support the other’s professional growth may be entitled to greater support. Age and health are also significant; older spouses or those with medical concerns may receive higher payments to address their needs. Additionally, earning potential is closely examined, as the court assesses each spouse’s skills, education, and ability to generate income.

For high-net-worth individuals, unique elements like investments, business income, and luxury expenses are often part of the equation, requiring thoughtful consideration to achieve a fair and balanced outcome.

Life changes, and so can alimony. If you’re paying or receiving spousal support, there may come a time when the original agreement no longer fits your circumstances. New York law allows for modifications, but you’ll need to prove a substantial change in circumstances.

For example:

  • If the paying spouse loses their job or experiences a significant drop in income, they may request a reduction in payments.
  • If the recipient spouse remarries or becomes self-sufficient, the court may terminate or reduce support.
  • If unforeseen expenses arise, such as medical bills or child-related costs, adjustments may be necessary.

It’s important to handle these modifications through the legal process, as failing to honor the original agreement without court approval can lead to serious penalties.

Alimony in high-net-worth divorces requires a thoughtful and strategic approach. Don’t leave your financial future to chance. At the Law Office of Richard Roman Shum, Esq., we work with you to secure fair and sustainable spousal support arrangements that meet your unique needs.

Call (646) 259-3416 today to schedule a consultation.

Child Custody and Support for High-Income Families

When divorce involves a high-income family, child custody and support decisions can quickly become complicated. These cases require thoughtful consideration of your child’s well-being, their lifestyle, and the financial realities that come with a high-net-worth household. New York courts prioritize what’s in your child’s best interests while also addressing the unique challenges that wealth can bring to these decisions.

Child custody decisions are deeply personal, and for high-income families, they often involve unique circumstances. Particular factors weigh into what arrangement works best for your child.

  • Parental involvement: The court evaluates how involved each parent has been in the child’s life, including their role in education, health, and emotional support.
  • Living arrangements: High-income families often have multiple homes or properties. The court will consider where your child will live and how it aligns with their routine and stability.
  • Educational and extracurricular needs: If your child attends private school or participates in high-cost activities, these will factor into custody and support decisions.

In some cases, custody disputes may involve maintaining your child’s access to the privileges they’ve enjoyed during the marriage. The court’s goal is always to create a custody arrangement that supports their emotional and physical well-being.

Child support in high-net-worth cases is different from standard cases. New York has guidelines for calculating child support, but when parental income exceeds the state’s cap ($183,000 effective as of March 1, 2024 until 2026), the court uses discretion to determine additional amounts.

  • Maintaining your child’s lifestyle: The court aims to keep your child’s standard of living consistent with what they had during the marriage. This can include private school tuition, extracurricular activities, vacations, and more.
  • Extraordinary expenses: In high-income cases, child support may include costs that don’t arise in typical cases, such as nannies, tutors, or luxury expenses.
  • Income and resources of both parents: The court will consider each parent’s financial situation, including bonuses, investments, and other sources of wealth.

Ultimately, the court’s decision is based on what is reasonable and in your child’s best interests, but it also balances fairness for both parents.

For high-net-worth families, privacy is often a top concern during custody and support disputes. The public nature of court proceedings can make it difficult to keep sensitive financial and personal details out of the spotlight.

  • Sealing court records: In some cases, courts may allow records to be sealed to protect your family’s privacy.
  • Alternative dispute resolution: Methods like mediation or collaborative divorce can help you resolve custody and support issues outside of court, keeping details private.
  • Media sensitivities: For parents in the public eye, protecting your child from unwanted attention is an important consideration during this process.

Taking steps to safeguard your family’s privacy not only protects your reputation but also helps shield your child from unnecessary stress.

Our team at the Law Office of Richard Roman Shum, Esq. is here to guide you through the process and protect what matters most, your family.

Contact us today at (646) 259-3416 to schedule a confidential, complimentary consultation. Let’s work together to create the best possible outcome for you and your child.

Comparing Litigation and Mediation in Divorce Settlements
Approach Key Features Considerations
Litigation Formal process where a judge makes the final decisions; provides a structured environment and legal protections. Time-consuming; often becomes public; may be necessary if spouses cannot agree on asset division, alimony, or custody.
Mediation Neutral third party helps spouses work toward agreements; often faster; less expensive; allows more control over the outcome; keeps discussions private. Best suited when both parties can collaborate; privacy is beneficial for high-profile individuals.

Safeguarding Business Interests During Divorce

If you own a business, its future may feel uncertain during divorce proceedings. In New York, businesses are often treated as marital property, especially if they were established or grew significantly during the marriage. Protecting your business while addressing your spouse’s financial rights requires careful planning and a clear understanding of the legal and financial landscape. Let’s explore how businesses are evaluated, divided, and kept running during a high-net-worth divorce.

How Businesses Are Valued in Divorce Settlements

Before a business can be addressed in a divorce settlement, its value must be determined. This process can be detailed and involves assessing various factors to arrive at a fair valuation.

  • Financial records: Income statements, balance sheets, and tax returns are reviewed to evaluate the business’s profitability and financial health.
  • Assets and liabilities: The value of tangible assets like equipment, inventory, and real estate, as well as liabilities like debt, will be factored in.
  • Goodwill: Intangible assets, such as a strong brand reputation or customer loyalty, are included in the valuation.

In many cases, a forensic accountant or business appraiser is brought in to conduct this analysis. The valuation serves as the foundation for deciding how the business will be handled in the divorce.

Dividing Closely Held Businesses or Partnerships

For closely held businesses, the division process can be particularly challenging. Unlike publicly traded companies, these businesses often have unique structures, making it difficult to simply split ownership.

  • Buyouts: One spouse may buy out the other’s interest in the business, allowing them to retain full ownership.
  • Revenue sharing: In some cases, the spouse who is not involved in the business may receive a share of future profits as part of the settlement.
  • Selling the business: If neither party can afford a buyout or agree on revenue sharing, selling the business and dividing the proceeds may be necessary.

The court aims to balance fairness for both parties while considering the business’s viability moving forward.

Keeping Your Business Operational Throughout the Divorce

Divorce can be disruptive to your business, but there are steps you can take to minimize its impact and keep operations running smoothly.

  • Separate personal and business finances: Keeping clean financial records can make the divorce process less complicated and protect the business’s financial integrity.
  • Maintain focus on growth: As difficult as it may be, staying focused on the success of your business during this time is crucial.
  • Work with professionals: Collaborating with accountants, appraisers, and attorneys can help you address legal and financial challenges without losing sight of your business goals.

Preserving the stability of your business is not just about protecting assets; it’s protecting your hard work, vision, and legacy. At the Law Office of Richard Roman Shum, Esq., we help you protect what you’ve built while addressing legal and financial concerns during your divorce. Schedule a free consultation today.

Resolving Disputes in High-Asset Divorce Cases

Disputes in high-asset divorces can be emotionally and financially draining, especially when significant property, businesses, or investments are at stake. How you approach resolving these issues can greatly affect the outcome. Whether you want to minimize conflict or need to protect your interests in court, it’s important to choose the right method for your situation.

When a high-asset divorce involves disagreements, you have two primary paths: litigation or mediation. Each approach has its own advantages, depending on your goals and circumstances.

  • Litigation: This is a more formal process where a judge makes the final decisions. Litigation can be necessary if you and your spouse cannot agree on critical matters like asset division, alimony, or custody. It provides a structured environment and legal protections, but it can be time-consuming and often becomes public.
  • Mediation: Mediation offers a less adversarial option, where a neutral third party helps you and your spouse work toward agreements. It’s often faster, less expensive, and allows you more control over the outcome. Mediation also keeps discussions private, which is particularly appealing to high-profile individuals.

The right choice depends on your relationship dynamics, the complexity of your finances, and how much control you want over the outcome.

If you and your spouse want to avoid the courtroom but still need a structured approach, collaborative divorce could be the answer. In this process, both parties agree to resolve disputes through negotiation with the help of attorneys and other professionals, such as financial advisors or child specialists.

  • Team-based approach: Collaborative divorce brings in experts to address complex issues like business valuations, tax implications, and custody arrangements.
  • Open communication: It encourages transparency and cooperation, which can lead to solutions that work for both parties.
  • Preserving relationships: For couples who want to maintain a cordial relationship, especially when children are involved, this approach focuses on mutual respect.

Collaborative divorce gives you more flexibility and privacy compared to litigation, making it a valuable option for high-net-worth couples.

Every high-asset divorce is unique, and resolving disputes requires a thoughtful strategy that aligns with your priorities. At the Law Office of Richard Roman Shum, Esq., we help you explore your options for litigation, mediation, or collaborative divorce while protecting your privacy and assets.

Contact us today at (646) 259-3416 for a free consultation, and let’s work together to achieve a resolution that works for you.

“I was very impressed with how astute, detail oriented and methodical Richard is with his work. He is experienced, technically proficient, highly effective and an excellent negotiator, who is proactive and knows the law inside and out. Richard kept me informed regularly and was responsive to all my requests and queries. All the traits that any good lawyer worth his salt should possess.”

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Tax Considerations in High-Asset Divorces

Every decision, from splitting investments to structuring alimony, can have an impact on your financial future. In a Manhattan divorce, it’s crucial to address tax issues carefully to avoid surprises later. 

Tax Impacts of Dividing Properties and Investments

While fairness is important in dividing property and investments, it’s just as important to consider the tax consequences of those decisions. Some assets may seem equal on paper but come with vastly different tax obligations.

  • Real estate: Transferring property, such as a luxury home or investment property, may trigger tax liabilities, particularly if there are significant gains involved.
  • Retirement accounts: Splitting retirement funds like 401(k)s or IRAs often requires a Qualified Domestic Relations Order (QDRO). Without proper handling, these transfers could result in penalties or taxes.
  • Stocks and investments: Liquidating or dividing investment portfolios can lead to capital gains taxes, depending on how the assets are structured.

Careful planning and accurate valuation are key to dividing assets in a way that minimizes your tax burden and protects your financial interests.

Addressing Tax Liabilities Like Capital Gains

High-net-worth individuals often face significant tax liabilities related to assets like real estate, businesses, or investments. Dividing these assets during a divorce can trigger capital gains taxes or other unexpected costs.

  • Capital gains on property: If you sell a property as part of the divorce settlement, you may face taxes on the gain, especially if it doesn’t qualify as a primary residence.
  • Business sales or transfers: Dividing business interests can lead to corporate or personal tax liabilities, depending on how the transaction is structured.
  • Timing of transfers: Strategic timing of property or asset transfers can help reduce tax obligations and make the division process smoother.

Addressing these liabilities upfront allows you to avoid financial pitfalls and focus on your post-divorce plans. 

Considering the tax implications of a divorce can be difficult, especially while juggling the other aspects of a divorce. Our Manhattan high-asset divorce lawyer at the Law Office of Richard Roman Shum, Esq., can work with you to protect your financial interests during this critical time. Get the experienced legal assistance you deserve today.

Protecting Your Future with the Right Legal Guidance

Going through a divorce is one of the most difficult parts of a person’s life, further amplified when significant assets and your family’s future are on the line. Having the right attorney by your side can make all the difference. At the Law Office of Richard Roman Shum, Esq., we work with you to address every aspect of your divorce, from the division of marital property to ensuring your children’s well-being.

With a clear focus on your goals, we help you make informed decisions and advocate for what matters most to you. Call us today at (646) 259-3416 to schedule a consultation, and let’s start building a strategy to protect your rights, your family, and your future.

“Most kind and professional lawyer. A true gift. He saved me from the brutal claw of my management company and saved me a lot of money and pain.”