High-Asset Divorce Attorneys in Los Angeles and Ventura County

 Passionate About Protecting Your Interests

Marshall W. Waller holds the Certified Family Law Specialist (CFLS) designation from the State Bar of California, fellowship in the American Academy of Matrimonial Lawyers (AAML), and fellowship in the International Academy of Family Lawyers (IAFL). Each requires separate qualification. He has co-authored a family law textbook used by California practitioners and has appeared as a legal analyst covering high-profile California family law matters.

Feinberg & Waller, APC handles high-asset divorce cases for business owners, executives, physicians, and high-net-worth individuals with courts and clients across Los Angeles and Ventura Counties. Offices in Beverly Hills, Calabasas, and Westlake Village.

What Defines a High-Asset Divorce in California

California is a community property state. Under Family Code Section 2550, the court must divide community property equally. Reaching that outcome requires resolving property characterization, asset tracing, valuation disputes, and disclosure analysis before a settlement position can be established.

The issues that arise most frequently in these cases:

• Property characterization: Whether an asset is community or separate property under FC 760, and whether any transmutation occurred. Under FC 852, a transmutation of real or personal property must be in writing and signed by the adversely affected spouse. Verbal agreements and conduct do not satisfy this requirement.
• Tracing: Documenting the source of funds used to acquire assets, particularly where community and separate property are commingled over years of marriage.
• FC 2640 reimbursement claims: Separate property contributions to community assets are reimbursable without interest. These disputes arise most often in real estate purchases and business investment contexts where initial capital came from one spouse's pre-marital funds.
• Breach of fiduciary duty: Under FC 721, spouses owe each other the highest fiduciary duty recognized in California law. Unauthorized asset transfers, undisclosed accounts, and failure to maintain records all have legal consequences that extend beyond the dissolution itself.

For real property purchased in part with separate funds and in part with community mortgage payments, the Moore/Marsden calculation determines the community's proportional ownership interest based on the share of the purchase price paid by community funds. This is a separate analysis from simple tracing and typically requires a forensic accountant or real property expert to apply correctly.

Business and Professional Practice Valuation

California courts accept the income approach, asset approach, and market approach to business valuation. The selection among them directly changes the outcome. That choice is litigated, not stipulated.

For businesses owned by one or both spouses, the central question is how to allocate the business's growth between community labor and the return attributable to separate property capital. California courts apply either the Pereira formula, which prioritizes a fair return on the original separate property investment with the balance treated as community, or the Van Camp formula, which calculates the community's share as the reasonable compensation the owner should have received for their work. The choice between these formulas typically has the largest single effect on the community's share of the business.

For professional practices, personal goodwill is not a divisible community asset. The distinction between personal goodwill (the practitioner's individual reputation and relationships, which cannot be transferred to a buyer) and enterprise goodwill (value attributable to the business independent of the individual owner) must be established through qualified expert testimony. The controlling California framework comes from In re Marriage of Lopez, 38 Cal.App.3d 93.

We coordinate with:

• CPAs holding ABV (Accredited in Business Valuation) or CFF (Certified in Financial Forensics) credentials for business valuation and forensic accounting
• Licensed real property appraisers for residential and commercial real estate portfolios
• Pension actuaries and QDRO specialists for defined benefit plans, stock options, restricted stock units, and deferred compensation arrangements
• Tax counsel for dissolution-triggered recognition events and post-judgment transfer planning

Spousal Support, Child Support, and Disclosure

Spousal support in high-asset cases is governed by FC 4320, which lists specific factors the court weighs, including the marital standard of living, the supported spouse's marketable skills, and length of the marriage. California courts use Dissomaster to calculate guideline support amounts. In high-income cases, the income inputs are frequently contested, particularly where a spouse's compensation includes variable components such as bonuses, equity distributions, or investment returns that do not appear consistently on a W-2.

The disclosure process matters more in high-asset cases than in any other context. FC 2104 requires both parties to serve a Preliminary Declaration of Disclosure early in the proceeding, accompanied by a Schedule of Assets and Debts and an Income and Expense Declaration. Incomplete or inaccurate disclosures carry consequences under FC 2107, including sanctions and potential set-aside of a judgment after it is entered. We review opposing disclosures for what is absent, not just what is present.

Prenuptial Agreements in High-Asset Dissolution

When a valid prenuptial agreement governs the dissolution, the litigation focuses on enforceability rather than characterization. California's Uniform Premarital Agreement Act (FC 1600 et seq.) sets the standards, and challenges typically turn on whether the agreement was executed voluntarily, whether full disclosure was made, and whether the agreement is unconscionable as applied. We have litigated both sides of prenuptial agreement enforcement in Los Angeles and Ventura County courts.

Where These Cases Are Heard

High-asset divorces with Beverly Hills and West Los Angeles addresses are typically heard at the Los Angeles Superior Court Beverly Hills Courthouse at 9355 Burton Way. Calabasas and western San Fernando Valley cases are generally assigned to the Chatsworth Courthouse at 9425 Penfield Ave. Ventura County matters, including cases based in Westlake Village, Thousand Oaks, and the Conejo Valley, are heard at the Ventura County Superior Court in Ventura. Mr. Waller has handled cases at each of these venues.

Limited Case Volume and Case Economics

This firm accepts a limited number of high-asset divorce cases. Proper preparation for a contested dissolution involving multiple business interests, a real property portfolio, retirement accounts, and deferred compensation takes months of coordinated financial analysis before a settlement position is ready.

As litigation develops, we track the cost/benefit relationship of each disputed issue. Some positions are worth pressing to judgment. Others reach a point of diminishing returns before the litigation cost exceeds the likely recovery. We identify that threshold and communicate it directly, rather than running through it.

Let Us Review Your High Asset Divorce Situation

Do you want to make sure your assets are protected in a high net-worth divorce? Call (866) 463-3852 to schedule a consultation with a high net worth divorce attorney near you! We have offices in Beverly Hills, Calabasas, and Westlake Village.

Additional Resources

• High-Asset Divorce & Spousal Support
• Raised Stakes in a High-Asset Divorce
• Financial Mistakes to Avoid in a High-Asset Divorce
• Property Division Concerns in High-Asset Divorce Cases