Family law · Jackson, Wyoming

A high-net-worth divorce is decided by valuation, tax, and liquidity.

When the marital estate includes a company, equity compensation, trust interests, or property in more than one state, the case is decided long before anyone reaches a courtroom. I represent owners, executives, and the spouses married to them, and I build the division around what each of you can actually keep.

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Three things to understand first.

Standard, not formula.

Wyoming divides marital property "as appears just and equitable" (W.S. § 20-2-114): how it was acquired, each spouse's circumstances, what is fair. That discretion gives preparation its weight. No fault to prove; one spouse must have lived here sixty days before filing.

The record decides.

Discretion is exercised on the record the parties build: a business appraisal, a compensation schedule, tax returns and K-1s, entity documents, often a forensic accountant's tracing. The side with the more complete and credible picture shapes the outcome, in mediation or at trial.

Tax changes everything.

A dollar of home equity, a dollar in a low-basis brokerage account, and a dollar in a pre-tax retirement account are three different amounts after tax and liquidity. The division has to be equitable in what each spouse can actually keep, spend, or sell.

Where the case is won or lost.

Valuing the business

A closely held company or professional practice is usually the largest and least certain number in the case. Two qualified appraisers can value the same business a long way apart, depending on how earnings are normalized, how owner compensation is treated, whether goodwill belongs to the enterprise or the person, and what discounts apply for a minority interest or a lack of marketability. I work alongside valuation professionals and forensic accountants, and I read their reports the way opposing counsel will. The post on business valuation in divorce goes deeper.

The tax on every transfer

Many settlements that look fair on the balance sheet are lopsided after tax. Embedded capital gains in transferred securities, depreciation recapture on investment real estate, phantom income from a partnership that does not distribute, the ordinary-income character of a retirement account: each changes what a spouse actually receives. A Georgetown LL.M. in Taxation is not a decoration on this page; it is how the division gets structured so that the timing, the basis, and the character of each transfer are counted before anyone signs.

Three assets with a face value of one million dollars each and their illustrative value after tax and cost of sale FACE VALUE $1,000,000 EACH VALUE IN HAND (ILLUSTRATIVE) Home equity6% cost of sale $940,000 Brokerage account$400,000 basis · 23.8% on the gain $857,000 Traditional IRA / 401(k)pre-tax · ~35% on withdrawal $650,000 $0$500,000$1,000,000
Three assets, one face value, three different amounts a spouse can actually keep. Illustrative only: assumes a 6% cost of sale, a 23.8% federal rate on a $600,000 gain, and a 35% blended rate on retirement withdrawals. Wyoming has no state income tax. Your basis, rates and timing will differ.
A log home on a butte above Jackson Hole, the Teton Range across the valley under evening clouds
The second home on the butte is an asset, a liability and a tax question at once · Photograph: Carol M. Highsmith, Library of Congress
A company, a fund interest, or equity that has not vested? Start with the map.
A consultation is a scheduled working session, in person in Jackson or by video.

The map, equity compensation, liquidity, and privacy.

The asset map, compensation that is not cash, payout terms, privacy, children

Start with the map

Every high-asset case begins with an inventory that can survive cross-examination: what exists, who holds it, what it is worth, and what is owed against it. That means closely held businesses and professional practices; investment portfolios, partnerships, funds and alternative assets; equity and deferred compensation; real estate held personally or through entities, in Wyoming and elsewhere; trust interests, inheritances and separate-property claims; and debt, personal guarantees and contingent obligations. Disclosure in Wyoming is mandatory, but complete disclosure rarely arrives on its own; it is assembled, verified, and, where necessary, compelled. The guide to property division in Wyoming divorce covers the ordinary estate.

Compensation that is not cash

Restricted stock, options, deferred compensation, phantom equity, and carried interests raise two questions: how much of the grant is marital, and how it can be divided when it cannot simply be handed over. Grants earned during the marriage are generally marital even if they vest later; grants tied to future performance are argued the other way. The usual tools are a deferred split at vesting or an offset against other property, and each carries its own tax consequence. Where support is in play, the post on alimony in high-income Wyoming divorces explains what a court does when the numbers leave the guideline behind.

Liquidity, security, and the long tail

Wealth in Jackson Hole is often illiquid: a company, a ranch, a fund interest that pays out on someone else's schedule. A division that assigns the illiquid asset to one spouse and a payment obligation to the other is only as good as its terms. I draft for the realistic case, with payment structures tied to liquidity events, security and collateral where warranted, covenants on the business during the payout, and default remedies that a Teton County court will actually enforce.

Privacy, and the children

For owners, executives, and families known in the valley, the process is chosen to fit the risk: direct negotiation, mediation, a privately retained neutral, or targeted litigation with financial exhibits kept out of the public file wherever the rules allow. When there are children, the financial architecture is built around the parenting plan rather than the other way around. Travel-heavy careers, second homes, and school in more than one place call for a schedule specific enough to follow and flexible enough to survive.

What clients ask first.

Is Wyoming a 50/50 state?
No. Wyoming divides marital property "as appears just and equitable," which is a standard, not a percentage. Judges often land near an even split in long marriages with ordinary assets, but nothing requires it, and in a case with a business, separate-property claims, or very different earning capacities the division can move well away from equal. That discretion is exactly why the record you build matters.
I started my company before we married. Is it still on the table?
Usually part of it is. Property you brought into the marriage is a factor the court weighs, but growth in the company's value during the marriage, and the marital effort and money that produced it, are commonly treated as divisible. The analysis turns on tracing: what the business was worth at the wedding, what you and your spouse contributed afterward, and how well that can be documented.
Does my spouse get a share of unvested RSUs or options?
Often some share, depending on when the grant was made and what it was meant to reward. Grants earned for work during the marriage are generally marital even if they vest later; grants tied to future performance are argued the other way. Because these instruments cannot simply be handed over, the usual solutions are a deferred split when they vest or an offset against other assets, and the tax on each approach is different.
Can we keep the financial details out of the public record?
Largely, yes. Most high-asset cases in Teton County resolve through negotiation, mediation, or a privately retained neutral, and the decree that is filed can be kept to the terms rather than the exhibits. When a court process is unavoidable, there are tools for limiting what is filed publicly. Privacy is a design choice made early, not a request made at the end.
How long does a high-asset divorce take here?
The statute lets a decree enter as early as twenty days from the day the complaint is filed, but a case with a business appraisal, forensic tracing, or multi-state property realistically runs six to eighteen months. The pace is set by how quickly complete financial disclosure is exchanged and by whether both sides are willing to work from the same valuation.
Do I need a forensic accountant?
If either spouse owns a business, has irregular or pass-through income, or has moved money between entities, almost always. A good forensic accountant does two things: builds the asset map the court can rely on, and gives me the numbers to test the other side's. I have a small group of professionals I work with regularly and will tell you at the first meeting whether your case needs one.
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Start with a confidential conversation with Aaron Herzberg.

A consultation is a scheduled working session, in person in Jackson or by video, in which we go through your situation and I tell you what I would do. It is a paid working session, not a sales pitch. The fee is quoted when we schedule. Your note reaches me directly, my office runs the conflicts check and puts the meeting on my calendar, and you can call or text any time.

40 E Simpson Ave, Jackson, WY 83001 · by appointment · video consultations for out-of-state clients · info@puzzlegroup.com

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A sentence or two is plenty. Read by a person, not a call center, usually the same business day.

Sending this doesn't create an attorney-client relationship, and I can't treat it as confidential until we've cleared conflicts, so keep it general. By sending, you agree we may reply by phone, email, or text.

  1. Your note reaches me directly; my office runs the conflicts check, usually the same business day.
  2. My office calls to schedule the consultation and confirms the fee.
  3. We meet, in Jackson or by video, and you leave knowing what I would do first.