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How can owning a number of assets complicate a divorce?

On Behalf of | Aug 31, 2023 | Family Law |

Divorce is a challenging and emotional process that becomes even more complex when a couple owns many assets. In divorce cases, assets are typically categorized into two main types: marital property and separate property.

Marital property consists of assets acquired during the course of the marriage, while separate property is generally comprised of assets acquired before the marriage or obtained through inheritance or gift and that haven’t been comingled. There are various ways in which owning multiple significant assets can complicate a divorce.

Valuation and appraisal challenges

Regarding asset distribution during divorce, Oklahoma follows the principle of equitable distribution. While this does not necessarily mean a 50-50 split, it aims to ensure a fair and just division based on various factors. However, determining what constitutes a fair distribution can become notably more complex when a couple owns numerous assets.

The ownership of multiple assets can lead to valuation and appraisal challenges. Assets such as real estate properties, investments, business ventures and valuable possessions need to be accurately assessed to determine their current worth. Discrepancies in valuation can arise, potentially leading to disputes over their rightful share in the divorce settlement.

Financial implications

Owning a range of assets introduces intricate tax implications during divorce proceedings. Different types of assets are subject to varying tax treatments upon transfer, sale or division. These tax considerations can greatly impact the overall value of the assets received by each spouse, adding another layer of complexity to the process.

Assets are not the only concern; debts must also be equitably divided. Couples with multiple assets may also have multiple debts, such as mortgages, loans and credit card balances. Determining which spouse assumes responsibility for each debt while ensuring a balanced distribution of assets can be daunting.

Emotional strain

Individuals’ emotional attachment to their possessions can further complicate the divorce process. Sentimental value tied to properties, heirlooms or investments can make negotiations challenging. Couples must find ways to address these emotional aspects while still focusing on practical resolutions.

The ownership of numerous assets can lead to increased disagreements and communication breakdowns. Disputes over the value of assets, their rightful ownership and the overall distribution can strain the relationship between spouses. Mediation and legal intervention may become necessary to help ensure a fair and relatively speedy resolution.

Owning a significant number of assets can undoubtedly complicate the divorce process. From legal intricacies to financial considerations and emotional challenges, couples facing such circumstances should approach the situation with the necessary legal support and thorough understanding.