Sisemore Law Firm, P.C., offers a broad range of services to high net worth individuals seeking to protect vital assets during a divorce, as well as those who wish to enter into a new marriage with the protections afforded by a properly written premarital agreement. We believe that those who have worked hard to obtain personal and financial success deserve the highest quality legal counsel to help ensure that their wealth is protected at every stage of their lives.
Our clients have obtained success in a broad range of fields, including business, industry, medicine and other professions. Many own assets that reflect their success and are eager to protect those assets during a divorce. We help our clients retain maximum interest in assets, including:
Many of these same assets are at the forefront of our clients’ minds when they are entering into a new marriage. We can assist in the drafting of prenuptial (premarital) agreements to provide you with peace of mind regarding how important assets and investments will be treated should a marriage end in divorce.
Being proactive about asset protection with a premarital agreement is essential for high net worth individuals because Texas is a community property state. That means any assets you accumulate during your marriage will be subject to just and equitable division should you decide to divorce.
Conversely, assets accumulated prior to marriage are typically considered separate property, which means those assets remain yours upon divorce. However, it’s important to keep a detailed record of separate property in your prenuptial agreement (premarital agreement) to avoid confusion later. In a prenup, you can also address any income related to the separate property you own—for example, rental income from a commercial building, which may be considered community property.
Community property also includes assets accumulated in any retirement accounts (IRAs, pensions, 401ks, 403bs, etc.) from date of marriage to date of divorce. Should you and your spouse agree, you could stipulate in a prenuptial agreement that those assets remain with the respective party in the event of divorce.
Think your trust is ironclad? Not so fast. If you’re contemplating divorce or entering a marriage with trust from a legal settlement or as a “trust fund baby” it’s important to speak with a knowledgeable attorney. He or she can determine whether assets and/or income related to those trusts may be subject to division in the event of divorce.
Don’t assume that your spouse can’t lay claim to assets in a trust simply because it was established prior to marriage. When the trust was established, the type of trust, how the trust was categorized, who has control over the trust and what the trust owns all come into play when determining what if any portion of the trust would qualify as community property in the event of divorce.
Our Fort Worth law firm has been preparing premarital (prenuptial) agreements and handling divorces involving trusts since 2007. We can review your trusts and help you determine how assets and income related to those trusts would be treated upon divorce.
Our marital asset protection lawyers offer a confidential consultation for you to begin the process of developing your strategy for protecting your assets during a divorce. Contact our firm by calling (817) 336-4444. With offices located near the Tarrant County family courthouse in Fort Worth, we offer additional convenience for our family law clients.