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Affordable Divorce Attorney for High Net Worth Clients on Long Island
All divorce proceedings, especially those involving high net worth individuals must be approached strategically and cost consciously. As a Long Island NY divorce attorney with over 20 years of experience serving clients in Nassau and Suffolk counties, I and my legal team of divorce and family law attorneys and paralegals help protect your wealth, control your costs and help you make smart decisions in your high net worth divorce settlement while controlling the costs of your divorce.
In this post, we will help you understand the complexities of high net worth divorces on Long Island, why affordability matters, what you should look for in an affordable high net worth divorce attorney. We will discuss cost saving strategies, common areas that are dealt with in high asset divorces (businesses, investments, properties), mediation, flat-fee services, prenuptial options, and the importance of local court experience. In addition, we will explain local considerations to consider for Nassau County and Suffolk County Supreme Courts, questions you should ask before you hire an divorce attorney for your complex high net worth divorce in order to control your legal costs.
Key Takeaways
- What is a High Net Worth Divorce in New York. A reasonable definition will commonly involve significant business interest/ ownership, multiple real estate holdings, complex investments and significant net worth which may be measured in millions of dollars; not necessarily a defined dollar figure.
- Common issues in High-Asset Divorces. Businesses, investments, properties, contested valuations, tracing/transfers of assets, tax implications, extended discovery and coordination among multiple experts.
- Why Affordability Matters in High-Asset Divorce. To protect your assets, experienced mid-sized Long Island divorce law firms balance the lowest cost with the highest expertise. Mid-sized law firms have the resources and connections to provide outstanding representation with an understanding of local courts that can deliver real savings to their clients. With lower overhead than Manhattan firms, they can provide expert counsel at lower rates than others charge for complex or high net worth divorces.
- Key Qualities of an Affordable High Net Worth Divorce Attorney. Experience dealing with Nassau and Suffolk County Supreme and Family courts; access to local forensic accountants, valuators and financial experts; the ability to identify fees upfront. Potentially even more importantly, prior trial experience in the local courts and access to a stable of local experts combined with candid and transparent communication with clients can make your high net worth divorce more affordable and less stressful than dealing with expensive, impersonal Manhattan law firms.
- Cost Saving Strategies for High-Asset Divorce on Long Island. Mediation and Collaborative Divorce save significant assets versus full scale litigation. Prenup and postnup agreements can decrease disputes and litigation of complex divorce issues.
- Local Considerations for Nassau and Suffolk County Clients. Retaining a local law firm experienced in high net worth divorces can save you the expense of the time and travel time billings of an out of town law firm. This lowers your costs and provides you with attorneys who are familiar with local county laws and practices.
High Net Worth Divorce Defined: What You Need to Know
I define a high net worth divorce as one involving complicated and substantial marital assets, normally above $1 million for the marital estate, and usually $5 million+ for ultra-high-net-worth cases. When we take on a high net worth divorce we expect to have to deal with partners who own businesses, multiple Long Island real estate properties in the Hamptons, North Shore or out of state, retirement benefits, trusts, offshore accounts, etc. All of these require valuation, tax planning work, and forensic investigation, so I emphasize immediate identification and preservation of assets to prevent potential dissipation of assets during the divorce while limiting the costs of hiring experts for testimony.
Criteria for High Net Worth Divorces on Long Island, New York
In defining a high net worth divorce, we look for a combination of quantitative and qualitative measures: the total marital estate is usually over $1 million, one or both of the parties to the divorce owns a business, there are stock options to deal with, significant pension or 401(k) balances, an extensive portfolio of real estate, international trusts, and a high range of income (often $250,000 or more). These matters often create additional complications to the “standard”, less complex divorce. On Long Island, New York courts also take into account commingled premarital property, family partnerships, and minority ownership in businesses that require valuations and testimony from experts.
Challenges for High Net Worth Divorces Involving Significant Assets
Valuation disputes over privately held businesses, deferred compensation, artwork, offshore account, business goodwill, tracing commingled funds and uncovering hidden transfers are common issues in high net worth divorces. We’ve often seen business valuations swing by 20% to 40% and disputes over hidden transfers and unreported income can extend the process with months of forensic discovery, turning what should be routine matters into high stakes litigation requiring specialized advisors.
Tax implications on asset division, working out spousal maintenance for six-figure incomes, and business confidentiality and disclosure issues are other challenges posed by high net worth divorces.
To handle these issues, we engage forensic accountants and business valuation experts in the very beginning of the divorce process so that we can understand the marital asset value and create litigation or settlement strategies to protect our client’s interests.
In one matter, I handled a divorce that included a health care based business that was valued at $3.2 million. The spouse claimed a 60% marital interest. A valuation expert separated premarital goodwill and post separation revenue, and arrived at a 45% marital interest, providing a negotiated payout that allowed the firm to avoid approximately $120,000 of litigation and expert fees.
In high net worth divorces, you can anticipate spending between $10,000-$40,000 for full valuations, and approximately $200-$600 per hour for forensic accounting, depending on the scope of work.
Balancing Cost vs Expertise in High Net Worth Divorces on Long Island
Because costs for forensic accounting and property valuations can get expensive, we balance the need for the best experts with the reality of litigation costs. We try to control where you spend money on your case, including valuations, forensic accounting, and expert testimony. A full business evaluation can cost between $5,000 – $30,000, and forensic accounting is usually billed at $200-500/hour, so I do my best to negotiate the scope, phases, and cap budget to provide access to experts who can help you protect your net worth without breaking the bank and depleting your assets.
Leveraging Mid-Sized Firms to Find Affordable Solutions
I rely on mid-sized firms on Long Island (like ours) to provide specialized services with lower overhead than Manhattan firms. This model gives you experienced experts that know Nassau and Suffolk courts, in-house case management, and reduced blended rates from vetted outside experts. This enables our clients to receive excellent representation and substantial savings on fees.
Ways to Reduce Costs and Expenses in a High Net Worth Divorce
When possible, we use mediation, phased discovery, and joint expert appointments keep fees manageable for our high net worth divorce clients. Mediation can often save clients 30% to 50% on overall legal fees compared to drawn out litigation. There are also limited protocols for discovery to avoid subjective document review and open-ended depositions.
Then, we focus on other specific cost controls. If the parties to the divorce appoint one neutral valuator for both parties, expert fees can be reduced by up to 50%. If the parties agree upon a valuation date in advance, the valuator is not spending time re-doing work for each client and cuts the resulting fees in half.
I limit e-discovery by creating a targeted search term list and custodians to minimize vendor fees. I negotiate hourly caps and hourly to flat transitions for experts, and I prioritize temporary orders to limit fees and stabilize cash flow. These methods regularly shave tens of thousands of dollars from total divorce expenses while achieving the same quality outcome.
Essential Attributes of a Cost-Effective High Net Worth Divorce Attorney
My practice emphasizes marked, cost-conscientious representation. I balance extensive marital asset experience with efficiency by focusing on reasonable discovery. I draw on a trusted network of valuation experts for seven-figure estates. I aggressively negotiate to avoid pointless litigation and prepare fee agreements to make your exposure more predictable. This ensures the protection of your assets, businesses, retirement accounts, real estate etc., without being surprised by open-ended hourly billing.
Local Knowledge of the Nassau County and Suffolk County Court Systems
My familiarity with Mineola, Central Islip and Riverhead family and supreme court procedures and personnel enables me to think strategically to achieve the best outcome for my clients. I know which Nassau and Suffolk matrimonial courts seek an early settlement and which judges and attorneys push for full forensic financial disclosure. I use that experience of typical local guidelines to time filings choose jurisdictional advantages and propose mediation dates that align with local court calendars to move your case efficiently and cost effectively through the system.
Access to Experts to Value or Assess Financial Assets
I coordinate with forensic accountants, CVAs, CPAs and appraisers to value businesses, the value of stock option packages and other complicated investment quantifications. I instruct experts to address discrete issues; income tracing, hidden transfers, valuation as of a particular date or valuation calculation based on specific references. I have the added value of estimating QDRO structuring for ERISA public or private pension assets, including the additional modeling on option-based approaches when evaluating stock equity compensation.
I vet experts on credentials (CPA/CFF, CVA, ASA), prior matrimonial experience and turnaround times before I scope the engagement with any expert. Then I narrow engagement scopes, utilizing sample based financial forensics or single issue valuations to keep your fees manageable. I regularly propose jointly retained neutral experts on discrete questions and clearly define the potential for duplicative expert retention to eliminate it. I require a written scope and delivery expectations in writing, so you have some expectation/calculation of cost and time commitments before engagement.
Smart Strategies to Reduce Divorce Costs
I focus on targeted strategies that cut legal fees without affecting your results, including early asset inventories, targeted discovery requests, one forensic accountant, and phased negotiations. For some Long Island clients, I have cut fees by narrowing deadlines on valuation, saving them $15,000 to $40,000 just by limiting duplication of experts and addressing liquidity prior to filing.
The Benefits of Mediation versus Traditional Litigation
Mediation typically costs between $5,000-$20,000 and often resolves cases within weeks, while contested high-asset litigation is commonly a $75,000-$250,000 process that can take months or years. I mediated value and ownership of complex estates and nuanced business disputes which would have turned into a courtroom fight for a conservatively projected expense of $140,000, with mediation costs of under $10,000. Mediation further preserves privacy and gives you control of outcomes, as well as reduced expenses for expert witnesses considerably.
The Role of Prenuptial Agreements
Prenuptial agreements that logically identify interests in business interests and spousal support with clear details, effectively halve contested litigation time. In past cases, this has saved my clients between $50,000-$200,000.
Local Knowledge of Long Island, NY
I regularly handle high net worth divorce cases in Nassau county and Suffolk county, so I can navigate local court and expert timelines efficiently. Traditional contested high-asset cases on Long Island typically take at least 18-36 months, while mediated resolutions can close in 3-6 months. I take advantage of my relationships with the Nassau County courts in Mineola and the Suffolk County courts in Central Islip and Riverhead, local valuators and local financial professionals to efficiently move the discovery process along, avoid unnecessary depositions, and reduce your expenses to dissolve your marriage efficiently.
Why Local Counsel is Better than Big City Firm Representation
Hiring a local attorney can save you thousands of dollars that a New York City firm will charge you simply for travel fees on top of hourly rates to drive from Manhattan out to Long Island. I have saved many clients tens of thousands of dollars in travel fees alone a NYC law firm will charge to visit Nassau or Suffolk courts where they may not understand the local timing, court rules, etc., driving costs up even more. We utilize reliable Long Island forensic accountants for expert testimony, quicker scheduling at more cost-effective rates, while working as a team that can schedule depositions and hearings/without duplicating work that increases your bill so we can preserve your wealth and not waste it on litigation.
Understanding New York’s Equitable Distribution Laws
I explain to clients that New York is an equitable distribution state, not a 50-50 property division split state. There are 13 statutory factors that courts will consider in dividing property in a divorce, including, but not limited to, the length of the marriage, the income of the parties to the divorce, and wasted assets.
Generally, marital property would include income and appreciation on assets during the marriage, while separate property includes premarital property, gifts, and inheritances. These cannot be transmuted unless commingled. Without question, classification of assets drives valuation and a strategy for negotiating your case.
Hiring an Affordable Divorce Attorney Is Critical to Preserve Your Assets in a High Net Worth Divorce on Long Island
At Hornberger Verbitsky, P.C. we use our extensive experience representing Long Island clients in high net worth divorces in Nassau County and Suffolk County to preserve your assets. We organize the common challenges involved in high asset divorces and develop strategies to keep more of your hard-earned property in your divorce. We utilize our experience in Nassau and Suffolk County courts, local forensic accountants, valuators and financial experts to keep your costs down in order to protect and preserve your wealth. Contact us today at 631-923-1910 for a free consultation and case evaluation for your high net worth divorce.
“Annemarie Lanni represented me and I could not have asked for a better experience. Annemarie is exactly what you hope for in a lawyer and makes the best possible experience out of a bad situation. Annemarie takes the time and effort to fully understand your position and goals and then uses her expertise to devise a strategy that works perfectly for you. She is a great listener and someone you can really trust. I would recommend Annemarie to anyone.”
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Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.
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Frequently Asked Questions About High Net Worth Divorce Lawyers
Q: What qualifies as a high net worth divorce in New York?
A: A high net worth divorce in New York is not currently defined by a fixed dollar amount cut-off; instead, the criteria is the marital assets or liabilities and the complexity of those is what qualifies it as a high net worth divorce.
- Common signs of a HNW divorce can include:
- ownership of a closely held business
- multiple property real estate portfolios (including investment property and out of state property)
- significant retirement plans and pensions
- substantial investment account portfolios
- stock options or restricted equity
- sophisticated tax-deferred compensation (deferred comp, deferred bonuses)
- complex debt or trust issues.
Common high net worth divorce cases are often seen to have the value of the marital estate in the low or high seven figures and often require valuation experts and forensic accounting or sophisticated tax planning.
Q: What are the main challenges in high-asset divorces involving businesses, investments or property?
A: Key challenges in high-asset divorces involving businesses, investments or property include:
- valuation of the businesses and illiquid assets
- tracing commingled funds
- uncovering hidden or transferred assets
- complex ownership structures and the valuation of minority interests
- splitting retirement plans and deferred compensation
- terminating or splitting investment portfolios in a tax-efficient manner
- negotiating commercial real estate appraisals and mortgage divisions
- incurring substantial discovery and expert witness costs
Tactical barriers include:
- timing of preserving business value
- avoiding confidentiality breaches
- coordinating legal strategy with tax and financial advisors to prevent unintended tax consequences of settlements
Q: How can a mid-sized Long Island family law firm balance cost and experience for high net worth divorce clients?
A: A mid-sized Long Island divorce and family law firm can provide experienced senior-level legal strategy and execution without the high prices of Manhattan overhead. A mid-sized law firm can have experienced partners do all the strategy and client communications while having experienced associates and paralegals do discovery, document management, and other task-oriented work. Experienced mid-sized firms often have relationships and familiarity with local courts in Nassau and Suffolk counties, have established relationships with regional financial experts, and are willing to take alternative fee proposals. Such a structure keeps hourly costs lower, minimizes the time spent handling cases in local courts, and reserve the costs of experts for major issues that will add substantial value to the divorce proceeding.
Q: What steps can be taken to reduce unnecessary costs in complex divorce cases?
A. Narrowing the scope of pleadings and focused discovery requests will help to constrain costs in high net worth divorces. Using narrowly tailored forensic accounting and valuation engagement letters are also key; requiring preliminary financial disclosure will narrow the issues in dispute; and phased litigation (for example, resolve interim support and custody issues first, then move on to more complex issues); and utilizing local experts to reduce travel and hourly rates. Early mediation or settlement conferences can reduce the amount of issues to litigate, lowering overall costs. Requiring written budgets for expert work; e-discovery vendors that include cost controls; and negotiating fee caps or retainers that align incentives between client and counsel can also keep costs down.
Q. How important is attorney access to forensic accountants, valuators, and any other financial experts?
A. A skilled high net worth divorce attorney will recognize when expert work is required and will tightly scope the work to keep costs manageable. These attorneys will coordinate the work and/or testimony of any experts to support negotiations or trials. An affordable high net worth attorney will use vetted, local experts familiar both with the Long Island and New York markets and will negotiate fixed fee arrangements where feasible. These attorneys will factor expert findings into a litigation or settlement strategy avoiding expensive and costly duplicative analyses. The key is to retain experts in proportion to the contested value of assets.
Q. What should I expect regarding attorney cost transparency and client communication?
A. A written fee agreement should include details about how you will billed (hourly, capped, or flat fee for discrete phases or unbundled tasks), deposit amount and terms, payment frequency, itemized invoicing, projected budgets for expert and court costs, and a process for resolving fee disputes. Good counsel gives regular status updates, anticipates major costs, provides settlement vs. litigation estimates, and will never incur major expert costs or litigation costs without first obtaining your informed approval.
Q. When do mediation or collaborative divorce save money in high net worth cases?
A. When both parties are prepared to provide full financial disclosure and negotiate in good faith, mediation or collaborative divorce processes can save huge amounts of time, discovery, and expert costs. These alternative dispute resolution strategies preserve confidentiality, allow creative ways of structuring settlements (tax planning, phased buyouts, equity transfers, etc.), and avoid an unpredictable court calendar. However, when either party engages in a pattern of strategic concealment of assets; circumvention of meaningful discovery; or engages in aggressive litigation tactics for leverage and manipulation; the most effective option is often to utilize a targeted litigation approach while also bringing the option of mediation on specific issues to assist in finding a cost-benefit balance.
About the Author
Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.
- Over 20 years practicing matrimonial law
- Over 1,000 cases successfully resolved
- Founder and Partner of Hornberger Verbitsky, P.C.
- Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
- Licensed to practice law in the State of New York
- New York State Bar Association member
- Nassau County Bar Association member
- Suffolk County Bar Association member
- “Super Lawyer” Metro Rising Star
- Nominated Best of Long Island Divorce Attorney four consecutive years
- Alternative Dispute Resolution Committee Contributor
- Collaborative Law Association of New York – Former Director
- Martindale Hubbell Distinguished Designation
- America’s Most Honored Professionals – Top 5%
- Lead Counsel Rated – Divorce Law
- American Institute of Family Law Attorneys 10 Best
- International Academy of Collaborative Professionals
- Graduate of Hofstra University School of Law
- Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
- Full Robert E. Hornberger, Esq. Bio