At The Money: Divorce Planning for the Ultra Wealthy

What It Covers

Patrick Kilbane, CFP and divorce attorney at Oman Wealth Partners, explains how ultra-high-net-worth divorces involving billions in assets, complex estate vehicles, and illiquid holdings differ from standard splits—and the strategies used to navigate them.

Key Questions Answered

• •Estate Plan Complexity: Long-married wealthy couples often hold assets inside SLATs, GRATs, and other irrevocable estate structures designed to be permanent. Before dividing assets, advisors must assess the tax consequences of dismantling these vehicles and determine whether separation is even financially viable.
• •Illiquid Asset Valuation: Carried interest, RSUs, restricted stock, and founder equity require outside valuation experts. The key decision is whether to buy out a spouse's share using available liquidity or remain linked post-divorce and share in future upside—factoring in historical fund performance and risk.
• •Business Goodwill Separation: Private company value splits into enterprise goodwill (brand-driven) and personal goodwill (owner-driven). Courts treat these differently in divorce proceedings, making business valuation specialists essential team members, particularly since a private business is often the largest single marital asset.
• •Asset Titling as Liability Shield: Holding property as tenants by the entirety—available in Florida and select states—requires both spouses to be liable before creditors can pursue joint assets. Reviewing how cars, brokerage accounts, and real estate are titled can prevent significant exposure before and during divorce proceedings.