How Inheritance and Trusts are Treated in High-Net-Worth North Carolina Divorces

Robin M. Mermans, Esq
April 8, 2024

When it comes to high-net-worth divorces in Charlotte, North Carolina, a significant factor to consider is how inheritances and trusts are treated during the divorce settlement. ROAD to RESOLUTION is here to guide you through the intricacies of high-net-worth and make sure a fair resolution is achieved. Robin M. Mermans, ROAD to RESOLUTION founder and principal attorney, has more than 15 years of experience working with spouses during high-net-worth divorce settlements. Passionate about helping families resolve conflict, Robin brings a unique perspective and personal approach to her work in Collaborative Family Law. 

While all divorce agreements require special care and attention, there is an added layer of complexity that surrounds high-net-worth cases. There are many circumstances that make divorce more intricate and require additional attention-to-detail, including how inheritance and trusts are handled during the process.

The Impact of Inheritance in High-Net-Worth Divorces

In a high net-worth divorce, inherited assets can play a crucial role in determining the division of property and spousal support. Unlike marital assets, which are typically subject to equitable distribution, inheritances are often considered separate property. However, navigating the complexities of proving and preserving the status of inherited assets requires skilled legal representation.

With extensive experience in high-net-worth divorces involving inherited assets, Robin and the ROAD to RESOLUTION team are able to guide their clients through the process with ease and understanding. 

Trusts: A Key Aspect of High-Net-Worth Divorces

Trusts can significantly impact the distribution of assets during a high net-worth divorce. Whether you are the beneficiary of a trust or your spouse holds trust assets, understanding how trusts are treated in divorce is crucial. 

While each high-net-worth divorce is unique, there are common scenarios that arise when inheritance and trusts are involved. Here are a few key points to consider:

  • Differentiating Between Marital and Separate Property: In North Carolina, inheritances and trusts are typically classified as separate property, not subject to division. However, commingling or transmuting separate property into marital assets can complicate the matter. Our skilled Collaborative Family Law attorneys understand the nuances and will work diligently to preserve your separate property rights.
  • Trust Distribution and Spousal Support: If you or your spouse is a beneficiary of a trust that provides income or substantial financial support, it could impact the determination of spousal support. Proper evaluation of trust distributions is crucial for a fair resolution, and our legal experts have the experience to handle these scenarios effectively.
  • Prenuptial or Postnuptial Agreements: Inherited assets and trust interests can be explicitly addressed in prenuptial or postnuptial agreements, providing clear guidelines on how they should be treated in the event of a divorce. Our skilled team can help you navigate and enforce these agreements during divorce proceedings.

Contact ROAD to RESOLUTION Today 

In high-net-worth divorces, inheritance and trusts often introduce intricate legal challenges. It is important to have a trusted Charlotte high-net-worth divorce attorney by your side to ensure a fair resolution. At ROAD to RESOLUTION, our experience in handling complex divorce cases, coupled with our deep understanding of inheritance and trust issues, makes us the ideal choice.

Facing a high-net-worth divorce involving inheritance and trusts requires strategic thinking and expertise. As experienced high-net-worth divorce attorneys in Charlotte, North Carolina, ROAD to RESOLUTION is here to guide you through this process. Contact us today for a personalized consultation with our experienced team.

Robin M. Mermans, Esq
Founder and Principal Attorney

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