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High-Asset Divorce Attorney
San Jose, California
A complex divorce involving significant assets requires experience, preparation, and the right legal strategy.
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Approach
A high-asset divorce is rarely about simply dividing property. It often involves businesses, stock options, investment portfolios, retirement accounts, executive compensation, and complex tax considerations. Decisions made early in the process can affect your financial future for years to come.
James Chau has handled high-asset and complex divorce cases in Santa Clara County for more than 15 years. As a Certified Family Law Specialist certified by the State Bar of California Board of Legal Specialization, he understands the financial and legal issues unique to complex divorce litigation. You will work directly with James throughout your case, not with a case manager or a rotating team of staff.
Complex financial matters rarely benefit from rushed decisions. James works closely with financial experts when necessary, helping clients understand not only what California law permits, but also the long-term financial implications of different settlement options.
California Law
What High Asset Divorce Involves
Separate Property Tracing
One of the most complicated issues is determining whether an asset is community property, separate property, or a combination of both. Real estate, investment accounts, businesses, and retirement assets may have been acquired before the marriage but increased in value during it. Tracing the source of those assets often requires detailed financial documentation and expert analysis.
Business Valuation
When one or both spouses own a business, a forensic accountant or business valuation expert will typically be engaged to assess the business and establish fair market value. This applies to closely held businesses, professional practices, and family-owned companies.
Stock Options, RSUs, and Deferred Compensation
In the San Jose area, executive compensation frequently includes restricted stock units, employee stock purchase plans, stock options, and deferred bonuses. Determining what portion is community property depends on grant dates, vesting schedules, and how the compensation relates to work performed during the marriage.
Prenuptial and Postnuptial Agreements
California courts review these agreements to ensure they were entered into voluntarily, with full financial disclosure, and without duress. James will evaluate the enforceability of any existing agreement and advise you on how it affects the division of assets.
Asset Disclosure and Hidden Assets
Both spouses have a fiduciary duty to fully disclose all assets. When there is reason to believe assets are being concealed or transferred improperly, discovery tools including subpoenas, depositions, and forensic accounting can be used to uncover them.
Real Estate and Investment Property
High asset divorces often involve multiple properties including primary residences, vacation homes, rental properties, and investment real estate. Each requires its own valuation and legal review of ownership structure and tax implications.
Debt Division
Debt accumulated during the marriage is subject to division under California community property law. In high asset cases this includes business loans, investment leverage, mortgages, HELOCs, and partnership liabilities.
Tax Considerations
Two settlement proposals with the same dollar value may produce very different outcomes once taxes are considered. Evaluating the after-tax value of proposed settlement terms is an important part of the process.
Community Property in High Asset Cases
California is a community property state. Even when one spouse produced the majority of the marital wealth, the other spouse is generally entitled to an equal share of assets acquired during the marriage. This does not affect either party's separate right to seek spousal support or child support.
California courts consider the marital standard of living when evaluating issues such as spousal support, particularly in longer marriages. The court also weighs the length of the marriage, each spouse's earning capacity, and each party's contributions to the household when making support determinations.
James will evaluate your circumstances, explain how California law applies to your specific asset structure, and help you understand the options available before you make important decisions.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Direct communication with James throughout your case
Experience working with forensic accountants, business valuators, and financial experts
Trial experience in Santa Clara County Superior Court
Experience negotiating complex property division matters involving businesses, retirement accounts, and executive compensation
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose high-asset divorce attorney, contact us online or call (408) 899-8364.