Evenson Decker, P.A. | Attorneys - Advisors-Advocates

How can we help you today? Call. 320-253-7130

Evenson Decker, P.A. | Attorneys - Advisors-Advocates
320-253-7130
Putting Our Community First
serving St. Cloud and surrounding areas

St. Cloud High-Asset Divorce Lawyers: Personal Service, Proven Results

When your divorce involves significant assets such as family farms, business interests or complex real estate, the legal process requires a higher level of technical detail and preparation. For over 50 years, our attorneys at Evenson Decker, P.A., have helped our neighbors in Central Minnesota and throughout Minnesota successfully navigate the uncertainties of divorce when complex financial portfolios and significant marital property require everything from business valuations to nonmarital asset tracing. We will help you with a personal approach that protects your future and your family.

Answers To Some Frequently Asked Questions

Addressing the complexities of a high-asset divorce, from valuing agribusiness interests to dividing multigenerational landholdings, often leads to many questions. Our attorneys provide answers to some of the most common inquiries we receive regarding significant marital estates. Please note that the following is for information only and is not legal advice. For counsel tailored to your circumstances, we invite you to contact us to schedule a consultation with our experienced family law team.

What is considered a high-asset divorce?

In Minnesota, there is no specific statutory dollar amount that defines a “high-asset” divorce. However, legal professionals generally use this term when the marital estate involves $1 million or more in net assets. These cases typically involve complex holdings such as:

  • Closely held businesses or professional practices
  • Multiple real estate properties such as vacation homes, rentals or investment properties
  • Executive compensation packages, including stock options and restricted stock units (RSUs)
  • Significant retirement accounts and offshore investments

What are unique challenges in high-asset divorces?

High-asset divorce cases face hurdles that other divorces do not, including:

  • Asset valuation: It may be necessary to hire forensic accountants or appraisers to determine the fair market value of businesses, patents, or private equity.
  • Nonmarital asset tracing: Identifying which assets were brought into the marriage, inherited or gifted, will require documentation to “trace” the funds and protect them from being divided as part of the marital estate.
  • Tax consequences: Managing the tax impact of transferring assets, selling high-value real estate or liquidating investments.
  • Lifestyle maintenance: Determining “spousal maintenance” (alimony) may be based on a high standard of living established during the marriage.
  • Hidden assets: Ensuring full disclosure of all accounts to prevent one spouse from concealing wealth.

Is my spouse entitled to half my 401(k) in a divorce?

Not necessarily, but it is a common outcome. Minnesota is an “Equitable Distribution” state, meaning the court divides marital property in a way that is “just and equitable,” which does not always mean a perfect 50/50 split.

Key factors regarding your 401(k) include:

  • Marital vs. nonmarital portion: Your spouse is generally only entitled to a portion of the funds contributed during the marriage, plus the gains on those specific contributions. Anything you contributed before the wedding date is your nonmarital property unless proven otherwise through a strict tracing of funds.
  • The “just and equitable” standard: A judge may award more or less of the 401(k) to one spouse to balance out the distribution of other assets (such as value of real estate or a business).
  • Qualified domestic relations order (QDRO): To divide a 401(k) without triggering early withdrawal penalties or immediate taxes, the parties must draft a QDRO that meets the plan’s specific requirements, which is then signed by a judge and served on the plan administrator.

Move Forward With Confidence And A Skilled Team By Your Side

Your legacy and your future deserve a legal team that understands the high stakes of a complex divorce. At Evenson Decker, P.A., we combine five decades of community-focused experience with the sophisticated financial insight necessary to protect what you’ve built. Let our legal team provide the personal guidance you need to move forward with confidence. Contact our office today at 320-253-7130 or reach out through our website to schedule your consultation and find the path that works for you and your family.

Safety Exit