Family Office and Wealth Management Considerations in Divorce

When divorce involves significant assets, the financial stakes are high, and the margin for error is small. Family office and wealth management considerations in divorce involve far more than who gets what. In other words, decisions made during a divorce can affect not only the spouses but also future generations, business interests, and charitable foundations, and all must be carefully evaluated to avoid costly mistakes and long-term disruption. If you are contemplating seeking a divorce and you or your spouse has substantial wealth, you should speak with a lawyer about what you can do to protect your interests. At McClure Law Group, our Dallas divorce attorneys possess the skills and resources needed to navigate complex issues, and if we represent you, we will work tirelessly to help you dissolve your marriage with discretion and a clear strategy for preserving wealth moving forward.

Parties dealing with family office and wealth management considerations in divorce must have a clear understanding of the role and structure of a family office. These private entities often manage a broad array of services for affluent families, including investment management, tax strategy, philanthropic planning, risk mitigation, real estate oversight, and succession planning. Because a family office may serve multiple generations, its financial architecture is usually both intricate and highly customized.

In a divorce, untangling a family office’s operations from the marital estate requires close scrutiny of ownership, control, and use. Is the office a separate entity funded prior to marriage, or has it evolved with contributions and growth during the marriage? Are assets managed by the office held in trust, partnership, or corporate form? Is one spouse a principal decision-maker while the other is a beneficiary or dependent? These questions are central to determining what is community property, what is separate, and what role, if any, fiduciary obligations may play in the final division.

Texas law presumes that assets acquired during the marriage are community property, but that presumption can be overcome through evidence of separate property ownership. With regard to family office and wealth management considerations in divorce, the lines between separate and community property are often blurred by co-mingled funds, jointly held entities, or ongoing capital infusions. Moreover, many assets managed by a family office, private equity stakes, carried interests, and limited partnership shares are illiquid, difficult to value, and subject to restrictions on transferability.

Control of these assets is frequently consolidated in one spouse, which can create both a power imbalance and a lack of transparency. As such, it is important to advocate for full financial disclosure in divorce actions and, where necessary, seek court intervention to compel access to essential records and valuation data.

Divorce redefines financial trajectories. Therefore, family office and wealth management considerations in divorce must include a forward-looking analysis of how post-divorce arrangements will affect investment structures, trust administration, charitable commitments, and tax planning. For example, when a divorcing spouse is a beneficiary of a grantor trust or discretionary distribution plan, it is important to evaluate how support obligations or settlement terms might impact or be impacted by that interest.

Similarly, when philanthropic structures such as donor-advised funds or private foundations are involved, parties must address the potential need to renegotiate governance roles, separate charitable commitments, or unwind joint contributions. Real estate holdings, art collections, and other non-traditional assets also require customized solutions that preserve long-term value and align with each party’s risk tolerance and liquidity needs. Where appropriate, parties may negotiate settlements that include staggered payouts, equitable asset swaps, or tailored spousal support terms that reflect the underlying financial architecture managed by the family office.

When wealth spans generations, continents, and asset classes, divorce becomes a high-stakes event that must be handled with the utmost care. If you are facing divorce and your family’s financial affairs are managed through a family office or other complex structure, it is critical to work with counsel who understands the full scope of these issues. At McClure Law Group, our dedicated Dallas divorce attorneys provide skilled representation tailored to the unique financial dynamics of affluent families, and if you hire us, we will help you seek the best outcome possible. Our principal office is located in Dallas, and we also offer meetings by appointment in our Collin County office in Plano. We serve clients throughout Dallas, Garland, Fort Worth, Rockwall, Irving, Richardson, Frisco, and McKinney, as well as in the broader counties of Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson. Contact us at 214.692.8200 or complete our online form to schedule a confidential consultation.