Austin High-Asset Divorce Attorneys

Helping You Resolve Your Complex Divorce in Texas

A high-net-worth divorce in Austin is rarely just a legal proceeding; it is a sophisticated financial restructuring. When the dissolution of a marriage involves multimillion-dollar estates, the intersection of Texas Family Law and complex finance requires more than a standard practitioner. Choosing the right legal team is paramount when navigating the complexities and nuances of high-asset divorce in Texas. The high-asset divorce attorney team at Bollier Ciccone Stinson LLP provides the precision and strategic foresight necessary to protect your lifestyle, your financial interests, and your family’s future legacy.

What Is a High-Asset Divorce?

In the context of the Texas legal system, a high-asset divorce is characterized by the presence of complex, often non-liquid assets that demand advanced valuation and characterization. This isn’t merely about the total value of the estate, but the volatility and structure of the holdings—ranging from private equity interests and deferred compensation packages to sprawling real estate portfolios and business interests. Navigating these cases requires an intimate understanding of the Texas Family Code and the ability to work alongside forensic accountants to ensure a “just and right” division.

WHAT THIS PAGE COVERS:

Common Types of Assets in a High Net-Worth Divorce

Our Austin practice is built to handle the technicalities of high-value estates, including:

  • Executive Compensation: Navigating the complexities of RSUs, stock options, and phantom stock common in Austin’s tech sector.

  • Closely Held Businesses: Valuing fractional or full ownership of a private business.

  • Professional Practices: Protecting the goodwill and operational continuity of medical, legal, or architectural firms.

  • Alternative Investments: Managed assets including hedge funds, venture capital, and cryptocurrency.
  • Real Estate Holdings: Sophisticated management of luxury residential properties and commercial developments.

  • Secret, Undisclosed, and Hidden Assets: We have tools and techniques for revealing assets that are unknown by one spouse. More on this below.

Understanding Separate and Community Property

In Texas, the division of a high-value estate involves detailed accounting and is governed by the Texas Family Code, with constitutional protections for separate property. Texas is a community property state, operating under a presumption that assets possessed by either spouse at the time of dissolution are community property. However, courts divide community property in a “just and right” manner, and separate property may not be divided.

  • Community Property (also known as Marital Property): All property, other than separate property, acquired by either spouse during the marriage and presumed to belong to the marital estate, subject to division by the court in a “just and right” manner.
  • Separate Property: Property owned or claimed by a spouse before marriage, or acquired during marriage by gift, devise, or descent, as well as recovery for personal injuries (excluding loss of earning capacity), which is constitutionally protected and not divisible by the court.

More on separate property below.

 

THE BURDEN OF PROOF AND THE INCEPTION OF TITLE RULE

Under the inception of title rule, the character of an asset whether separate or community is determined at the moment the right to the property is first acquired. If an asset was owned prior to the marriage or acquired during the marriage via gift or inheritance, it is legally classified as separate property. However, the burden remains on the claimant to provide “clear and convincing evidence” to maintain this status.

Valuation: How Texas Courts Value Assets in a Divorce

In a high-asset divorce, valuation is more than a simple calculation—it is a point of intense legal and financial dispute. Because Texas is a community property state, the court must divide the marital estate in a manner that is “just and right.” Achieving this requires a precise determination of what each asset is worth at a specific point in time, often requiring the testimony of expert appraisers and financial analysts.

The Standard: Fair Market Value vs. Intrinsic Value

The primary standard used by Texas courts is Fair Market Value (FMV). This is defined as the price at which a property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.

However, certain assets, such as interests in a closely held business or specialized professional practices, may not have a readily available market. In these instances, the court may look to Intrinsic Value, which measures the value of the asset to the owner, or Book Value, which is based on the company’s financial statements.

Methodologies for “Just and Right” Complex Asset Valuation

To arrive at a “just and right” figure, courts and experts generally rely on three primary approaches:

  • The Market Approach: Comparing the asset to similar properties or businesses that have recently sold. This is the gold standard for residential real estate and publicly traded securities.
  • The Income Approach: Often used for businesses and income-producing real estate, this method values an asset based on its future income potential, discounted to its present-day value.
  • The Asset-Based Approach: Calculating the total value of all tangible and intangible assets held by an entity, minus its liabilities. This is frequently used for holding companies or asset-intensive businesses.

STRATEGIC FACTORS IN VALUATION

In high-net-worth cases, several technical factors can dramatically shift the final valuation of the estate:

  • Valuation Dates: The value of a stock portfolio or a tech startup can fluctuate wildly between the date of separation and the date of trial. Choosing the correct valuation date is a critical strategic decision.

  • Active vs. Passive Appreciation: If a separate property business grew during the marriage, the court must distinguish between “passive” growth (market forces) and “active” growth (the efforts of a spouse). Active appreciation may give rise to community reimbursement claims.

  • Discounts for Lack of Marketability (DLOM): Experts may argue that a minority stake in a private company is worth less than its face value because it cannot be easily sold on an open market.
  • Tax Impact and Liquidation Costs: A $5M retirement account is not equivalent to $5M in cash. We ensure the court accounts for embedded tax liabilities and potential penalties that would reduce the “true” value of an asset upon distribution.

By applying these sophisticated valuation methods, we ensure that the division of your estate is based on financial reality, not just surface-level figures.

Common Issues in a High-Asset Divorce

High-net-worth litigation is fundamentally different from standard dissolution proceedings. The volume of assets is less significant than the complexity of the legal architecture required to divide them. In Austin’s sophisticated financial landscape, several issues consistently emerge as the primary battlegrounds.

Proving the Existence and Value of Separate Property

The preservation of wealth in Texas often depends on successfully rebutting the “community property presumption.” Because the court starts with the assumption that everything owned by either spouse is marital property, the burden of proof is high.

  • The “Clear and Convincing” Standard: To protect assets owned prior to marriage, inherited, or received as a gift, you must provide a paper trail that meets a rigorous evidentiary standard.
  • Financial Tracing and Forensic Accounting: We utilize expert tracing to untangle commingled assets. This involves reconstructing years of financial history to follow the “path” of separate funds through various accounts.
  • The Inception of Title Rule: We apply this principle to determine the character of an asset based on when the right to the property was first acquired. Whether it is a pre-marital brokerage account or a real estate investment, we ensure the court recognizes its separate origin.
  • Community Out First Rule: In cases of commingled bank accounts, we use this rule to argue that any withdrawals were community funds, thereby leaving the separate property balance intact.

Property Located Outside of Texas

As Austin has evolved into a global hub for tech and venture capital, many clients hold significant interests across state lines or internationally.

  • Quasi-Community Property: Texas courts apply the concept of “quasi-community property” to assets located outside the state. If the property would have been community property had it been acquired in Texas, the court has the authority to factor its value into the final division.
  • Ancillary Litigation and Jurisdictional Hurdles: While a Texas judge cannot directly change the title of a deed in New York or London, they can exercise personal jurisdiction over the spouses. We coordinate the complex legal maneuvers required to ensure out-of-state real estate, international accounts, and foreign investments are equitably accounted for in the Texas decree.

Disputes Over Business Interests

For the entrepreneur or executive, a business is often both the most valuable asset and the most complex to divide. A divorce should not threaten the operational integrity of your enterprise.

  • Enterprise vs. Personal Goodwill: We focus on the critical distinction between “enterprise goodwill” (divisible community property) and “personal goodwill” (which belongs to the individual). This nuance is vital for professional practices and closely held corporations.
  • Advanced Valuation Methodologies: Using the Market, Income, and Asset-Based approaches, we ensure the business is not just valued on a balance sheet, but through a lens that accounts for underreported revenue, inflated business expenses, or undervalued business holdings.
  • Buyouts and Offsets: To avoid the forced liquidation of a company, we specialize in structuring “offsets” awarding the business to one spouse while balancing the estate with other assets like real estate or high-value asset portfolios.
  • Minority Discounts: If you hold a non-controlling interest in a business, we argue for “discounts for lack of marketability” to ensure the valuation reflects the true difficulty of selling a minority stake.

Is Your Spouse Hiding Assets?

In high-stakes Austin divorces, the financial landscape is often obscured by layers of corporate structures, complex investments, and, in some cases, intentional deception. Protecting your financial integrity requires more than just a lawyer; it requires a sophisticated investigative team capable of identifying commingled assets and exposing efforts to shield wealth from the marital estate.

In many high-net-worth households, separate and community funds often merge over time. Whether it is a pre-marital investment account that received community deposits or a family business that grew during the marriage, commingled assets present a significant legal hurdle. Without expert tracing, you risk losing your separate property to the community presumption. We utilize high-level financial forensics to untangle these threads, ensuring that assets belonging to your separate estate remain protected.

When the stakes are high, a spouse may attempt to minimize the “just and right” division by artificially deflating the value of the marital estate. Our firm works with the region’s top forensic accountants to identify the red flags of asset dissipation and financial fraud, including:

  • Manipulated Business Data: We look for signs of altering business records, underreported revenue, or undervalued business holdings designed to make a thriving enterprise appear less profitable on paper.
  • Artificial Expense Inflation: We scrutinize corporate ledgers for inflated business expenses, where personal lifestyle costs are laundered through a company to reduce net income.
  • Shadow Entities and Offshore Holdings: Wealth is often moved through shell companies or tucked away in offshore accounts. Our investigators track questionable transfers and wire movements to locate these hidden reservoirs of capital.
  • Third-Party Transfers: We investigate property held in another person’s name, identifying “loans” to associates or family members that are actually attempts to park marital assets until the divorce is finalized.
  • Hidden Financial Accounts: From undisclosed brokerage accounts to high-value cryptocurrency wallets, we leave no stone unturned in the search for hidden financial accounts.

A Strategic Investigative Approach

Uncovering the truth requires a proactive and aggressive discovery process. By combining legal authority with forensic expertise, we ensure that the “marital birdcage” is fully accounted for. If a spouse is found to have committed “fraud on the community,” we seek appropriate remedies from the court, which may include a disproportionate share of the remaining estate to compensate for the wasted or hidden assets.

Spousal Support and Attorney Fees

In a high-asset divorce, spousal support and the allocation of attorney fees are not mere formalities; they are strategic tools used to balance the financial disparity between parties and ensure an equitable dissolution. Our high asset divorce attorney team navigates these technical areas with the aim of preserving your standard of living and protecting you from bearing an unfair share of the litigation’s financial burden.

Spousal Maintenance vs. Contractual Alimony

Texas law is unique in how it approaches post-divorce financial support. It is critical to distinguish between court-ordered maintenance and negotiated agreements.

  • Statutory Spousal Maintenance: Texas courts only award “spousal maintenance” under strict criteria, typically requiring a length of the marriage of at least 10 years and a demonstrated inability for the seeking spouse to meet their “minimum reasonable needs.” Currently, Texas law caps these payments at the lesser of $5,000 per month or 20% of the gross monthly income.

  • Contractual Alimony: For high-net-worth individuals, the statutory cap is often insufficient to maintain a spouse’s standard of living. We frequently negotiate “contractual alimony” a private, enforceable agreement that can exceed state caps and provide a more flexible schedule of payments, often tailored around business or investment income distributions.

Factors Influencing Support Awards

When determining the amount and duration of support, the court considers a wide array of factors, including:

  • Earning Capacity: The professional skills and employment history of each spouse.
  • Income Disparity: Significant gaps in passive income or salary that would leave one spouse at a severe disadvantage.
  • Division of Debt: How the marital debt and division of debt are handled in the final settlement.
  • Prenuptial Agreements: The existence of a valid agreement that may waive or strictly limit support claims.

The Allocation of Attorney Fees

High-asset divorces often require a team of financial professionals, including forensic accountants and business appraisers, leading to substantial legal costs. Texas courts have the authority to shift these costs to ensure a “just and right” outcome.

  • Leveling the Playing Field: If there is a significant income disparity, the court may order the higher-earning spouse to pay the other’s attorney fees. This ensures both parties have access to high-caliber legal representation.
  • Interim Attorney Fees: We can petition the court for “interim fees” during the pendency of the divorce, providing you with the liquidity needed to fund your defense before the final property division.
  • Sanctions for Misconduct: If a spouse unnecessarily prolongs litigation, hides assets, or acts in bad faith, the court may penalize them by awarding you a judgment for your legal expenses.

By integrating these considerations into your global settlement strategy, we ensure that the costs of your divorce do not compromise your future financial security.

Child Support in High-Net-Worth Cases

In Austin’s high-income households, child support is rarely a “plug-and-play” calculation. While the Texas Family Code provides a standard framework, the financial reality of high-net-worth families often exceeds the statutory baseline. Navigating these cases requires a strategic approach to income caps, proven needs, and the preservation of a child’s established standard of living.

The Texas Income Cap: Navigating the 2025 Guidelines

Texas law applies a “percentage of net resources” formula for child support. However, this formula is subject to a statutory income cap that is periodically adjusted for inflation.
Important Update: Effective September 1, 2025, the monthly cap on net resources used to calculate guideline child support increased from $9,200 to $11,700.

For an obligor (the paying parent) whose net monthly resources exceed this amount, the court typically applies the standard percentages (e.g., 20% for one child, 25% for two) only to the first $11,700. Under the new 2025 cap, the maximum guideline support for one child is $2,340 per month, and for two children, it is $2,925 per month.

Calculating “Net Resources” Beyond a Paystub

In high-asset cases, “income” is a technical term that extends far beyond a traditional W-2. We look at your entire financial ecosystem to ensure that asset portfolios and future income are correctly factored into the calculation, including:

Passive Income: Interest, dividends, and capital gains generated from significant investment holdings.

Business Income: Net profits from closely held businesses or professional practices, often requiring a forensic accountant to distinguish legitimate business expenses from personal benefits.

Executive Compensation: Factoring in bonuses, commissions, and non-cash perks that “unlock” additional cash flow for support.

Above-Guideline Support and “Proven Needs”

When a family’s lifestyle exceeds what the standard monthly payment can cover, the court has the discretion to order additional support. However, this is not automatic. The party seeking more must prove that the child’s “proven needs” justify a higher amount. To secure enforceable support terms that reflect your family’s reality, we litigate for expenses such as:

  • Private School & Educational Expenses: Tuition, specialized tutoring, and college preparatory costs.
  • Extracurriculars: High-level competitive sports, music conservatories, and summer programs.
  • Medical Care: Premium insurance coverage and costs for specialized or uninsured healthcare needs.
  • Maintaining the Standard of Living: Ensuring that the child does not experience a drastic “lifestyle cliff” between the two parents’ homes.

Strategic Negotiation

In high-stakes cases, child support is often a piece of a larger global settlement. Whether through “offset” arrangements in 50/50 custody scenarios or the creation of educational trusts, we focus on high-touch legal solutions that prioritize your child’s future while protecting your financial stability.

What Should I Look Out For During My High-Asset Divorce?

1. The “Tax Trap” in Asset Selection

In Texas, a “just and right” division is calculated based on current market values, but not all assets of equal value are created equal.

  • Basis and Capital Gains: If you receive a brokerage account or real estate with a low-cost basis, you may also inherit a massive future tax bill.
  • Retirement Distributions: Taking a $1,000,000 401(k) instead of $1,000,000 in cash is a strategic error if you don’t account for the 20%–37% in taxes you will owe upon withdrawal.
  • Primary Residence Exclusion: Selling the marital home post-divorce may limit your capital gains exclusion to $250,000 (single) rather than the $500,000 available to married couples.

2. Violations of Standing Orders

In Travis and Williamson Counties, the court typically issues a Standing Order the moment a divorce is filed. This is a dynamic injunction that “freezes” the financial status quo.

  • Prohibited Actions: You cannot hide assets, cancel insurance policies, or make “extraordinary” expenditures without court approval.
  • The Risk: Even seemingly innocent moves like moving funds to a separate account for “protection” can be viewed by a judge as a violation of the order, leading to sanctions or a disproportionate award to your spouse.

3. Privacy and Reputational Risks

Texas divorce records are generally public record. For executives and high-profile residents, this means your sensitive financial disclosures, business valuations, and personal allegations could be accessed by anyone.

  • Protective Measures: We look out for opportunities to use Sealing Orders or Confidentiality Agreements to keep your private data out of the public eye.
  • Alternative Dispute Resolution: Opting for mediation or private judging can keep the details of your estate off the public docket.

4. Wasteful Trading and Impulsive Spending

The “emotional” phase of a divorce often leads to “wasteful” financial behavior.

  • Dissipation of Assets: If a spouse spends community funds on gifts for a new partner, luxury travel, or excessive hobbies during the divorce, the court may “reconstitute” the estate. This means the court treats those spent funds as if they still exist and awards them to the offending spouse’s share, effectively penalizing the behavior.
  • Market Volatility: In a high-asset portfolio, sudden “panic selling” or aggressive trading during the divorce can lead to claims of financial mismanagement.

5. Inaccurate Business Valuations

If you or your spouse owns a business, the valuation date and methodology are everything.

  • The “Double Dip”: You must look out for scenarios where a business is valued highly for property division, and then that same high value is used to calculate “income” for spousal maintenance.
  • Buy-Sell Agreements: Often, business partnership agreements have “divorce clauses” that attempt to set a price for a spouse’s interest. These are not always binding on a Texas family court, and failing to challenge an outdated valuation can be a costly mistake.

Our Impact

Navigating these pitfalls requires more than a lawyer; it requires a team strategy. Our firm acts as the “General Counsel” for your divorce, coordinating with tax experts, forensic accountants, and private wealth managers to ensure every move is calculated.

The Experience and Proven Track Record Your Case Needs

With a history of representing Austin’s most prominent families, we understand that your divorce is a business transaction as much as it is a personal transition. We provide the meticulous due diligence and aggressive advocacy necessary to ensure you emerge with your financial integrity intact.

How Our Family Law and Divorce Attorneys Can Help

DIVORCE

Comprehensive divorce representation tailored to your needs—from strategic negotiation to high-stakes litigation.

Complex Property Division & Valuation

Expert legal support for complex property division, asset protection, and high-value divorce matters.

Child Custody

Compassionate, strategic guidance through all child custody matters—including support, relocation, paternity, and visitation rights.

Family Violence & Protective Orders

Experienced advocates who act swiftly to protect you and your family from domestic violence through legal action and compassionate support.

Modifications & Enforcements

Responsive legal support to help families adapt to change and ensure court orders reflect current realities.

Alternative Dispute Resolution

Creative, client-focused solutions through mediation, collaborative law, and arbitration—resolving family disputes efficiently and privately.

Premarital & Postnuptial Agreements

We draft enforceable premarital and postnuptial agreements that protect your assets and minimize future legal costs.

How Will Bollier Ciccone Stinson LLP Approach My Case?

Strategic Collaboration

We begin by assembling a legal team tailored to your case—matching attorneys with the precise experience and strengths needed for your specific matter.

A True Team Approach

Our attorneys don’t work in silos. We collaborate across disciplines, giving you a broader, deeper bench of legal insight—and a significantly stronger path to success.

Insight at Every Step

Each team member brings a unique perspective, strategic thinking, and focused skill set. This approach allows us to stay agile, anticipate challenges, and respond with precision.

Premier Service, Proven Results

Our clients benefit from close attention to detail, fast response times, and a shared commitment to achieving the best possible outcome—every step of the way.

Start the Conversation

Our family law, construction law, business law, and real estate law attorneys are ready to listen and help you explore your best options for resolution. Contact us today to learn how our collective experience and proven legal strategies can support you.

CLIENT TESTIMONIALS

“We have worked with Tony Ciccone for several years. He has assisted us with corporate matters and collections. Tony is always responsive, creative, helpful and knowledgeable. He is the very best at collecting money. He is professional and courteous but as persistent as a pit bull. He knows the law and is very creative at finding solutions. I have personally recommended Tony to several people and have complete confidence that no one is better than Tony.”

CLIENT OF TONY CICCONE

“Leslie and her team have been the most professional, honest, and hard-working attorneys. From the first visit she was upfront, honest, and diligently pursued our case. I can say with certainty she is by far the best person and lawyer you could have on your side.”

CLIENT OF LESLIE J. BOLLIER

“There are attorneys who simply collect a paycheck and then there are attorneys who are determined to win. Susannah and her team are a force to be reckoned with as they provide an attentive, honest and dedicated approach to the cases they handle. Both kept me calm, informed and encouraged me to take the high road when at times it was extremely difficult. In the end, their brilliance, tactical foresight, and professionalism allowed me to come to an agreement with my spouse through mediation when I was convinced that the outcome would be entirely different. I would recommend no other as they exceeded my expectations.”

CLIENT OF SUSANNAH A. STINSON

“I found Ms. Bollier through a very important law firm and was highly recommended to her. Due to the nature of my case, I needed a very skilled and professional attorney and Leslie didn’t disappoint. From the first meeting throughout there was clear communication and planning. She is dedicated, compassionate, and she upholds the highest standard when representing her clients. She is exceptional at her job and I greatly recommended her.”

CLIENT OF LESLIE J. BOLLIER

“Mr. Ciccone has proven his skill in Construction Law over and over. He ability to get positive results in a short period of time is remarkable. His responses are to the point, aggressive and completely justified. He is able to put all of the pieces together and create a case that is indisputable. He calls out bluffs and redirects proving our position. He is down to earth and easy to work with. It has been a privilege to work with him over the past 5 years on all of our cases and I could not be happier with the results.”

CLIENT OF TONY CICCONE

“I contacted Leslie Bollier when I had questions about revising custody and child support. I made many mistakes with a different lawyer 8 years ago. Leslie made me very comfortable, safe, and sure with the process. It can be a crazy emotional ride but I would do it all over again for the outcome I have today. Leslie and the team were very professional and efficient. I personally needed the confidence to go through the process and Leslie gave me the confidence and I absolutely know that I would be stuck in my old miserable situation if it wasn’t for her. I am thankful and grateful and will refer everyone I know to her.”

CLIENT OF LESLIE J. BOLLIER

“Tony took on a case that had been a difficult issue for many years. He gave us good advice, made effective plans to achieve our goals, and got the job done with great dispatch. It was an enormous relief to our family.”

CLIENT OF TONY CICCONE

“Leslie Bollier is simply the best divorce/child custody/family lawyer out there, in all of Austin, in all of Travis County. She and her team are the most dedicated team of legal professionals I have ever come across. I strongly recommend her to any parent fighting for justice, parenthood, truth, moral values, and principles.”

CLIENT OF LESLIE J. BOLLIER

“This is the most aggressive law firm I’ve ever used in business. Tony Ciccone has the confidence of knowing construction law better than anyone else I’ve worked with. He is professional, direct, and tactful; however, he makes a solid, valid point with every response that leaves the opposition with no possible rebuttal. They are diligent, efficient, and follow through with every detail. They have handled numerous cases for me over the years and have never failed to get the highest level of results possible. They truly are THE BEST anywhere!”

CLIENT OF TONY CICCONE

“I am a working father of 3 kids, one of them with special needs. Going into the divorce I knew I needed a strong attorney. Leslie was the perfect fit. She was supportive, tough, and always prepared. My divorce ended up going to trial and Leslie helped me win primary custody of my children over a stay at home mother! Leslie had thought through my ex-spouse’s arguments and defenses and prepared me for those situations. We were always in control in the court room and it is due to Leslie Bollier being completely prepared (and the best divorce attorney!). Anyone needing or looking for excellent representation should hire Leslie.”

CLIENT OF LESLIE J. BOLLIER