Divorcing an executive in Orange County makes property division a challenging and often contentious process during mediation or litigation. California is a community property state, meaning everything you and your spouse acquired during your marriage must be split equally unless the asset is defined as separate property.
Hire an Executive Divorce Lawyer
When you are considering or facing divorce, you need to protect your assets, including business, retirement, and other financial accounts. Property valuation accuracy during a divorce requires an experienced attorney who understands high asset divorces and has exceptional negotiation skills.
For an executive divorce case, hire an Orange County executive divorce attorney with the experience and skill for handling a high-asset, high-net-worth divorce. At Dorie A. Rogers, APC, we have the legal, financial, and negotiation skills and experience you need to ensure assets are divided fairly.
What is a High-Net-Worth or Executive Divorce Case
A high-net-worth or executive divorce is one where one or both spouses earn a substantial income with a variety of financial assets. These are unique from other divorces in that they often deal with assets that are not exactly estimated in value. High net worth divorces, often associated with executives, include:
- Expensive real estate
- Investment accounts
- Retirement plans, including 401Ks
- Plans that incorporate stock incentives
- Interests earned in trusts that may include generation-skipping trusts
- Business interests
Although California is a community property state that divides assets acquired during marriage equally, executive compensation, including stock options, bonuses, and deferred pay, requires data analysis and tracing to determine a fair value. The complexity comes from different vesting schedules and complex calculations based on business performance.
Keep in mind that during an executive divorce, each party must make an accurate disclosure of all assets and debts. Be sure to record your legal separation date, as that’s the date used to define when assets are no longer part of a marriage.
Why Executive Divorces are Prevalent in California
In 2023, approximately 2,727,563 men and 3,896,519 women were divorced in California. In a state where the cost of living is 50% higher than the national average, many of these residents experienced a high-net-worth divorce. In Orange County specifically, the median home sale price in 2025 was between $1.2 and $1.4 million. Essentially, Orange County residents tend to have higher incomes with significant financial assets.
California Property Division and Divorce Laws
California’s division of property laws during a divorce requires a court to reserve jurisdiction to divide community property equally. In other words, if a couple cannot come to an agreement for dividing property through mediation, then the court will evaluate and divide all property, assets, and debts. During a valuation process, each party presents records of both assets and liabilities, including any property considered separate.
Separate property includes:
- Inheritance received by a specific spouse
- Gifts received by a spouse alone
- Personal injury settlements belonging to a specific spouse
- Property owned before marriage and kept separate
- Rental income or profits from a separate property
Any other property acquired during a marriage is considered community property and subject to division.
Hidden Assets in High Net Worth Divorce
In many high net worth divorces, there is a likelihood that your spouse may have hidden assets. This can be in expenditures that are hidden through other purchases or even separate bank accounts. If you suspect your spouse may have hidden assets that should be part of the divorce proceeding, an attorney can help by investigating all finances thoroughly. The investigations can often lead to uncovering assets such as:
- Jewelry
- Anything considered intellectual property, such as trademarks, copyrights, or patents
- Other business interests, such as partnerships with family or other corporations that are closely held
- Any insurance holdings that could also have a cash value
- Any bank accounts set up in the name of a different family member
FAQs
How Are Stock Options Handled in a Divorce in California?
Stock options are handled in a California divorce as community property unless a portion is unvested during the marriage. California courts use the Hug Formula or Nelson Formula to determine the time between when options are vested and the state of the marriage at that time. Parties can mediate a settlement to divide vested assets. Disclosing your stocks or those of your spouse will help your attorney better navigate the separation of property.
What Financial Accounts Can’t Be Touched in a Divorce in California?
Only financial accounts meeting the separate property definition cannot be touched during a divorce in California. Separate property includes inheritance assets or gifts received by one spouse, personal injury settlements, and all property owned before the marriage and managed separately. Any other property acquired during a marriage is considered community property.
What Is the Biggest Mistake People Make During a Divorce?
The biggest mistake couples make during a divorce, especially one with high net worth, is not accurately disclosing all assets and liabilities. The second biggest mistake is failing to negotiate fairly. Other common mistakes include overlooking the tax implications of divorce, overlooking divorce processing fees, and failing to prioritize children in a child custody agreement. Your attorney will help guide you through the process to avoid any costly mistakes.
Do Retirement Accounts Get Split in a California Divorce?
Retirement accounts are not split directly during a divorce in California. However, retirement plan benefits are considered community property and shared on the death of either party or paid to each party during an election period. Essentially, the court can order a retirement plan to make payments to either party to share the assets.
Experienced Executive Divorce Attorney in Orange County, California
Contact an executive divorce lawyer at Dorie A. Rogers, APC to schedule an initial consultation. High-income couples who have extensive assets face a long battle to divide community property or prove assets are separate. When assets become intertwined during a marriage, it can take significant legal experience and negotiation skills to come to a settlement agreement. We can help untangle complex finances and help protect your interests.
