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5 Types of Valuable Assets to Address in a High Net Worth Divorce

 Posted on February 03, 2026 in High Asset Divorce

St. Charles IL divorce attorneyWhenever a couple chooses to end their marriage, they will need to address multiple legal and financial issues. High net worth divorce cases can be very complex, especially when it comes to the division of marital property. These couples often own multiple types of high-value assets, and as they determine how to divide these assets fairly, they will also need to understand the financial implications of the decisions they make.

At Goostree Law Group, our St. Charles, IL divorce lawyers have received over 100 5-star reviews for our detail-oriented, client-first approach. We can help you take inventory of your assets and advocate for a favorable split of property on your behalf.

Five Valuable Assets to Look Out For in a 2026 Divorce

During a high net worth divorce, couples need a complete understanding of all of the assets they own. Spouses need to keep track not only of marital assets acquired during their marriage, but separate property acquired before the marriage as well. Assets that these couples need to address may include:

Jewelry, Artwork, and Collectibles

Certain items owned by a couple may have both financial and sentimental value. In many cases, appraisals may be necessary to determine the value of these items and ensure that they can be divided fairly.

It can also be hard to figure out who actually owns these items. A spouse might say a ring was a gift, while the other spouse thinks it was bought for the marriage. A receipt, an insurance policy, a bank statement, or a written note can help show when something was bought and why.

Couples should also think about where items are stored. If valuables are kept in a safe deposit box or a home safe, both spouses should know what is inside. If one spouse has full control, that can raise concerns. Illinois courts look at several factors when dividing property, and the goal is a fair result, not always a 50/50 split (750 ILCS 5/503).

Investments

While determining the value of stocks or other investment assets may be fairly straightforward, couples should be aware of the tax implications of selling these assets. Capital gains taxes may apply to these transactions, so investments may be worth somewhat less than their cash equivalents.

Another issue is timing. If a spouse sells stocks during the divorce, the sale could trigger taxes right away. If the spouse keeps the stocks, taxes might not apply until later. This difference can change what is truly "fair" when assets are divided. Some couples also hold cryptocurrency, private equity, or stock options. These can be harder to value. They may also have limits on when they can be sold.

A full review of account statements, trade history, and grant documents may be needed. In many cases, it helps to look at the after-tax value of an asset, not just the number on paper.

Family-Owned Businesses

If a family business was founded or acquired during a couple’s marriage, it will likely be considered marital property, and the spouses will need to determine how to handle ownership of the business going forward. A business owned by one spouse before getting married will usually not be part of the marital estate, but the business owner may be required to reimburse their spouse for any contributions that caused the business to increase in value during the marriage.

Business value can also rise because of work done during the marriage. Even if one spouse started the company before the wedding, the other spouse might have helped it grow. That help can be direct or indirect, such as investing marital funds in the business or raising the children so the other spouse could focus on the business.

A valuation expert may look at income, debts, future earning potential, and goodwill to estimate a business’s worth. Some of these factors are easier to measure than others. If one spouse keeps the business, the other spouse could receive other property, or a buyout over time, to balance the overall division.

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Real Estate 

In addition to their marital home, couples with a high net worth may own other real estate, such as vacation homes. A mortgage may need to be refinanced to remove one spouse. A couple may choose to sell property during their divorce and divide the profits earned. In these cases, they will need to be aware of the potential tax implications of the sale.

Real estate can bring hidden costs that surprise people. A home might look valuable, but it can also be expensive to keep. Property taxes, insurance, HOA dues, repairs, and utilities add up fast. A vacation home can be even more costly if it sits empty for much of the year. Couples should also think about market conditions. If the local market is slow, a quick sale may lead to a lower price.

If one spouse wants to keep a property, that spouse should have a clear plan for how to pay the mortgage and upkeep going forward. If the property is rented out, the rental income and the lease terms may also affect decisions. These details can shape how a court views a proposed settlement and whether it is reasonable.

Retirement Accounts and Benefits

Retirement savings accounts in either spouse’s name can represent valuable investments that will provide financial security in the future. The funds in these accounts may be divided between the spouses, and when doing so, a qualified domestic relations order (QDRO) should be used to avoid the 10 percent withdrawal penalty. A QDRO may also be used to allocate a certain percentage of retirement-based pension benefits to the pensioner’s former partner.

It is also important to know that not all retirement plans work the same way. A 401(k) is different from a pension. A pension might promise a monthly payment later, instead of a set balance today. That means it may take extra work to estimate the value. Some plans have survivor benefits, cost-of-living increases, or special rules about early retirement. These features can affect what each spouse will actually receive. Couples should also watch out for early withdrawals.

Taking money out too soon can lead to taxes and penalties, and it can reduce long-term security. A careful division plan can help protect both spouses, especially when retirement is approaching.

Contact Our Kane County, IL High Asset Divorce Attorneys

At Goostree Law Group, we can help you understand the financial issues that you will need to address during your divorce. We will advocate for your interests and help you reach a divorce settlement that will allow you to move forward with your life and maintain financial security. Contact our St. Charles, IL high asset divorce lawyers today. Call 630-584-4800 to set up a complimentary consultation.

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