How Tulsa Judges Divide Property in High-Asset Divorces

How Tulsa judges divide property in high-asset divorces often depends on far more than simple mathematics. In these cases, judges in Tulsa are frequently called upon to analyze sophisticated financial arrangements, including closely held businesses, executive compensation structures, trusts, and professional practices.

Resolving these disputes requires a detailed examination of ownership interests, valuation methodologies, and the distinction between marital and separate property under Oklahoma law. Examining how Tulsa judges approach these complex financial issues offers insight into the legal and financial strategies that tend to matter most in high-asset divorce proceedings.

Hire a Property Division Lawyer

Aaron Bundy is the only Oklahoma attorney admitted to the International Academy of Family Lawyers, an invitation-only organization limited to leading family law practitioners worldwide. He is also a Fellow of the American Academy of Matrimonial Lawyers.

When it comes to complex family law cases involving significant assets, business ownership, and/or international issues, the Tulsa family law attorneys at Bundy Law bring the highest caliber of legal acumen.

Classifying Marital vs. Separate Property in High-Net-Worth Divorces

One of the first questions that a Tulsa court must answer in a high-asset divorce is whether a given asset is marital or separate property. These issues can get very complicated when significant wealth existed before the marriage or when the parties have been managing family money. Common areas of analysis include: 

• Commingling of personal and marital funds
• Reinvestment of business profits acquired during the marriage
• Use of marital labor or marital funds to increase the value of a premarital business

Assets which may have started out as separate property can, in part, become marital property depending on how they were treated, utilized, or developed during the course of the marriage.

Valuation of Closely Held Businesses and Professional Practices

High-asset divorce cases in Tulsa often involve privately owned businesses or professional practices that have no established market value. Judges are often forced to rely on competing professionals to credibly value the business, especially when one spouse owns or operates it. Common issues in valuing a closely held company during divorce include:

• Whether goodwill is personal or enterprise-based
• Treatment of retained earnings
• Adjustments for future earning potential

In Tulsa and the surrounding metro area, these issues come up time and time again in divorces involving professional careers and other business owners. When closely held companies make up a substantial part of the marital estate, valuation disputes can be a central issue in these cases. Reach out to a Tulsa business valuation lawyer if you need help.

Executive Compensation, Deferred Income, and Complex Pay Structures

High-level executives and other professionals sometimes earn compensation packages that include more than a straight salary. This can create complications when dividing these assets in a divorce. Tulsa judges may need to decide how to value bonuses, stock options, RSUs, and other deferred compensation that might not vest for years after a divorce petition is filed.

Courts often consider when the compensation was earned, whether it is connected to past or future performance, and how it all fits with Oklahoma’s marital property rules. Divorce disputes over professional or executive compensation can arise when executives have multiple compensation packages and performance incentives tied to multi-year corporate objectives.

Judicial Discretion and Equitable Division in High-Asset Cases

Oklahoma is an equitable distribution state, and a judge has wide latitude to apportion marital property in a high-asset divorce. In a recent report, the Centers for Disease Control and Prevention revealed that Oklahoma’s 2023 divorce rate was 3.3 divorces per 1,000 people, higher than the U.S. rate of 2.4 per 1,000 people.

Judges in Tulsa sometimes consider a number of factors in complex cases, such as the length of the marriage, each spouse’s contributions to asset appreciation, tax implications, and which assets may need to stay intact to maintain income or business stability.

FAQs

Do Tulsa Judges Always Split Assets 50/50 in High-Asset Divorces?

Tulsa judges aren’t required to split property evenly in high-asset divorces. Oklahoma law calls for equitable division instead. An equal division is only one possible outcome. The court decides based on the facts of the case and in the interest of fairness. For complex high-asset divorces, equitable can mean granting certain assets to one spouse. In that situation, other parts of the property division would be modified to consider the spouses’ financial situations.

How Are Hidden or Undisclosed Assets Addressed in Divorce Cases?

Courts may order additional disclosures of financial information and allow broader discovery where hidden or secret assets are suspected. Review of bank accounts, tax returns, and business records is common in divorce cases where the other spouse is suspected of hiding assets.

Judges may consider a spouse’s failure to fully disclose his or her finances when considering an equitable distribution of marital property, especially in cases involving complex finances or multiple income sources.

Can High-Asset Divorce Cases Be Resolved Through Settlement Instead of Trial?

For divorces involving high assets, the issues can usually be settled without going to trial, even where there is significant property at stake. Parties gain greater control over the outcome through accessible settlement options.

High-net-worth couples might not want to leave decisions to a judge’s discretion. Many high-net-worth individuals choose to settle their disputes to keep details out of the public record, minimize business disruption, or avoid lengthy legal battles.

Does the Filing Location Affect How Property Issues Are Managed?

Venue can impact the administration of a divorce from a procedural perspective. Property division cases in the Tulsa County District Court, for instance, may be subject to certain scheduling and case management practices. While the law of property division applies uniformly across Oklahoma, local rules and practices can impact timelines, motion practice, and the presentation and resolution of complex financial issues.

Contact a Property Division Lawyer

Dividing high-value property assets is not a simple process, and you should seek counsel from a seasoned legal professional. Bundy Law advocates for your interests in the event of a complex divorce via private meetings. Hire a Tulsa property division lawyer to assist in your high-net-worth divorce. Schedule a consultation today.