Board Certified Divorce Lawyers

Divorce is rarely straightforward, but when high-value assets, businesses, and trusts are involved, the complexities multiply.

If you are a business owner or the spouse of one, navigating property division requires experienced legal counsel. At Johnson McNulty, we are recognized leaders in high-stakes divorce litigation, specializing in cases involving business ownership, trusts, and large estates.

We have extensive experience identifying and litigating waste claims, piercing the corporate veil, and ensuring fair property division. If you need a divorce lawyer for business owners in Fort Worth, our team will aggressively protect your financial future.

What Are Waste Claims in High-Asset Divorces?

In Texas, waste claims arise when one spouse uses community assets for personal benefit in a way that depletes the marital estate, often without the other spouse’s knowledge or consent.

When a business is involved, opportunities for unauthorized spending can multiply, making it challenging to get a clear picture of what assets truly belong to the marriage.

Common Examples of Wasteful Spending

Business-owning spouses can use their position and financial control to engage in several forms of wasteful or unauthorized spending, including:

• Spending on an Affair: It’s not uncommon for a spouse to use business resources to fund an extramarital affair, whether by paying for hotels, vacations, gifts, or even financial support for the affair partner.
• Substance Abuse and Excessive Partying: Excessive expenditures on drugs, alcohol, or extravagant nightlife activities such as visits to strip clubs or expensive bars can constitute wasteful spending, particularly when these expenditures have no benefit to the marital estate.
• Transferring Money to Family Members or Friends: Business owners may also transfer community assets to family members or friends under the guise of loans, gifts, or business expenses. This tactic not only reduces the value of the marital estate but also complicates recovery if the transfers are not well-documented.
• Gambling and Risky Investments: If a business-owning spouse is using business funds for gambling or engaging in high-risk investments that don’t benefit the community estate, this can be considered a form of waste.
• Hidden Perks and Personal Benefits: Diverting funds to non-business-related purchases like luxury vehicles, boats, or extravagant personal expenses and disguising them as business costs is another common tactic used to diminish the marital estate.

When you suspect that your spouse has been engaging in wasteful spending, it’s essential to work with a property division lawyer for complex divorces with a deep understanding of forensic accounting and litigation strategy.

Why Experience Matters in High-Stakes Divorces

High-asset divorces demand specialized legal knowledge. Our firm has successfully represented clients in cases involving:

• Closely held businesses
• Trusts and estate disputes
• Business valuations and forensic accounting
• Litigating waste claims and financial misconduct

With our experience, we know where to look and what questions to ask to uncover unauthorized spending.

Recognized by Super Lawyers, our attorneys at Johnson McNulty have built a reputation for winning high-profile, high-value divorce cases. We collaborate with financial experts and forensic accountants to ensure you receive what you are entitled to under Texas law.

How We Help

1. Forensic Analysis: We work with forensic accountants to analyze business records and uncover any discrepancies. This detailed review can reveal unauthorized spending and hidden assets. When it comes to high-value assets and financial complexity, a high-stakes divorce attorney in Texas can make all the difference in protecting your rights.
2. Strategic Planning: We create a comprehensive legal strategy tailored to your unique circumstances, designed to maximize your claim and protect your interests. Whether you’re dealing with intricate property division or a legacy tangled in family trusts, you need a divorce lawyer for trusts and estates with the expertise to secure your future.
3. Proactive Representation: Our team aggressively pursues waste claims, pushing for full transparency and accountability from the business-owning spouse. We ensure that no stone is left unturned in identifying and addressing any potential misuse of marital property.

Trust Johnson McNulty to Protect What’s Yours

When your financial future is at stake, you need a high-stakes divorce attorney in Texas who understands the nuances of complex divorces. With our comprehensive understanding of family businesses, trusts, estates, and waste claims, Johnson McNulty provides the legal acumen you need to safeguard your assets.

At Johnson McNulty, we have the experience, knowledge, and resources to ensure you are treated fairly in your divorce. Our team understands the tactics business owners may use to hide assets or waste marital property, and we are here to stand up for you.

If you suspect your spouse is using the business to conceal unauthorized spending, don’t leave your future to chance.

Contact us today to schedule a consultation and learn how we can help protect your rights and secure the fair division of your marital estate.

Piercing the Corporate Veil in Texas Divorces: Protecting Your Interests in Separate Property Entities

In Texas divorces, the presence of a business entity often raises complex questions regarding ownership, asset valuation, and asset division. One crucial legal principle that may come into play is the concept of piercing the corporate veil.

When one spouse owns an entity that claims separate property status, piercing the corporate veil can significantly impact the community estate and the fair division of marital assets.

Understanding the Corporate Veil

The corporate veil is a legal principle that protects the owners, shareholders, or members of a corporation or limited liability company (LLC) from being personally liable for the debts and obligations of that entity.

This veil serves to keep the business and its assets legally separate from the owner’s personal assets. When a business owner claims that a company is their separate property, this protection extends to prevent the company’s assets from being considered community property.

However, the protection of the corporate veil is not absolute. If the business is misused or improper conduct occurs, Texas courts may pierce the corporate veil, including the disputed assets in the marital estate. These cases often require the knowledge of a divorce lawyer for trusts and estates to ensure no hidden or misclassified assets are overlooked.

The Legal Principles of Piercing the Corporate Veil in Texas

Piercing the corporate veil is a legal maneuver that requires proving that the business was not genuinely separate from its owner. In Texas, courts are cautious about piercing the veil, but they may allow it in cases of:

1. Fraud or Misrepresentation: If one spouse uses the business to defraud the other or to conceal marital assets, a court may pierce the veil to expose those assets.
2. Undercapitalization: When a business is intentionally underfunded to shield assets from a spouse or creditors, courts may determine that the entity is a mere facade and pierce the veil.
3. Failure to Observe Formalities: Texas law generally does not require corporations or LLCs to follow strict corporate formalities to maintain veil protection. However, in egregious cases where business and personal finances are completely commingled or where there is no distinction between the owner and the business entity, veil-piercing may be warranted.
4. Alter Ego Doctrine: If the business operates merely as an extension of the owner’s personal activities rather than a distinct legal entity, courts can pierce the veil under the alter ego doctrine.

Consequences for the Marital Community

If the court pierces the corporate veil of a separate property business entity, the assets within that business may be reclassified as community property.

This means that business profits, cash reserves, investments, and other assets owned by the entity could be subject to division between the spouses.

For the non-business-owning spouse, this could provide a significantly larger share of the marital estate, ensuring that they receive a fair division of the property.

However, for the business-owning spouse, the piercing of the corporate veil can lead to a loss of business control and exposure to additional financial liability.

This complex and high-stakes scenario demands sophisticated legal counsel with in-depth experience in veil-piercing litigation.