High-Asset and Complex Divorce
Higher-asset divorces in Brentwood routinely involve multiple layers of financial complexity: a professional practice or closely held business requiring formal valuation, executive equity compensation with multi-year vesting schedules, real estate that may include a primary residence, rental properties, or fractional LLC interests, and retirement accounts accumulated over a long career.Getting the characterization and valuation of these assets right before any negotiation begins is the most important strategic decision in a high-asset case — an early error is difficult and expensive to correct.Nicole’s business education — USC Marshall School of Business, Lloyd Greif Center for Entrepreneurial Studies — is a practical asset in exactly these situations.It allows her to engage directly with business valuation methodology, read a capitalization table, interrogate a forensic accountant’s assumptions, and construct a coherent picture of the marital estate without relying on a third party to translate financial complexity into legal strategy.BOOK A CONSULTATION
Property and Asset Division
California is a community property state. Under California Family Code § 2550, assets and debts acquired during the marriage are generally divided equally, while separate property — assets owned before marriage, or received as a gift or inheritance during it — belongs to the spouse who owns it. In Brentwood, the assets most frequently in dispute include:
Professional practices (medical, dental, legal, and other licensed practices) — subject to both characterization and valuation analysis
Closely held businesses and startup equity — including pre-revenue companies with difficult-to-establish market value
RSUs, stock options, and equity compensation — allocated between community and separate periods using California’s time-rule formula
Executive deferred compensation, SERPs, and non-qualified retirement plans
High-value residential real estate in 90049 and surrounding Westside neighborhoods
Brokerage accounts, investment portfolios, and commingled separate property funds
Retirement accounts, 401(k)s, and pension interests subject to QDRO
The difficulty in most Brentwood divorces lies not in applying the division rule — equal — but in establishing what each asset is (characterization) and what it is worth (valuation). A business founded before marriage can acquire a community interest through a spouse’s labor during the marriage.Equity compensation granted over years must be apportioned between community and separate periods. Separate and community funds commingled in a joint account must be traced before any asset’s character can be established with confidence. Our property division page covers these issues in depth.
Professional Practice and Business Valuation in Divorce
Brentwood has a higher-than-average concentration of physicians, dentists, attorneys, CPAs, and other licensed professionals operating their own practices. When one spouse owns a professional practice — whether a solo medical practice, a law firm partnership interest, or a multi-provider group — the divorce raises questions that go beyond standard asset division.The first question is characterization: is the practice community property, separate property, or a mix? A practice founded during the marriage is presumptively community property.One founded before the wedding is separate property, but it may have acquired a community interest if community funds were invested in it or if either spouse’s labor during the marriage contributed to its growth — analyzed under the Pereira or Van Camp formula depending on which better tracks the source of the practice’s growth.The second question is valuation. Professional practices are valued using income, market, or asset approaches by a certified business appraiser. A critical issue in professional practice valuation is the distinction between enterprise goodwill — the value of the practice as a going concern, independent of the individual practitioner — and personal goodwill, which is attributable to the owner’s individual reputation, relationships, and skills. Under California law, only enterprise goodwill is divisible community property.Personal goodwill is the separate property of the practitioner-spouse. In many Brentwood professional practices, the split between enterprise and personal goodwill is the central financial dispute in the dissolution.BOOK A CONSULTATIONBOOK A CONSULTATION
Spousal Support
Spousal support — commonly called alimony — may be ordered under California Family Code § 4320 when one spouse earns significantly more than the other, or when one spouse reduced or ended their career to support the household or raise children.Courts weigh fourteen statutory factors, including the length of the marriage, the marital standard of living, and each spouse’s earning capacity. In Brentwood’s longer marriages and higher-income households, support is frequently one of the most financially significant and most contested issues in the dissolution.For Brentwood professionals and executives, income calculation is rarely as simple as a W-2. Income from a professional practice, business distributions, bonus and commission structures, deferred compensation payouts, and partnership draws all require careful analysis before a support figure can be established.Our spousal support page explains how courts approach these calculations and what factors carry the most weight.
Child Custody and Parenting Plans
When children are involved, California courts resolve custody according to the best interests of the child standard under Family Code § 3011. Legal custody — who makes major decisions about a child’s education, healthcare, and welfare — and physical custody — where and with whom the child lives and the specific parenting schedule — are addressed separately. Many Brentwood families share both, but the details of the parenting schedule, school enrollment, holiday division, and relocation provisions are where careful planning matters most.In Brentwood, practical details frequently shape parenting plan negotiations: which parent stays in the family home in 90049, proximity to the child’s school, the professional travel schedules of one or both parents, and the child’s established activities and social connections in the community. Relocation disputes — when one parent seeks to move with the children to another city or state — are particularly high-stakes and require early, strategic handling. Learn more on our child custody page.
Child Support
California calculates child support using the statewide guideline formula under Family Code § 4055, which accounts for each parent’s net disposable income and the percentage of time each parent spends with the children.For Brentwood households where one or both parents are self-employed, own a professional practice, or receive variable income through bonuses, deferred compensation, or business distributions, income determination is frequently contested and requires forensic analysis to establish the accurate figure.For extraordinarily high earners, courts have discretion under Family Code § 4057 to deviate from the guideline amount where it would exceed the children’s reasonable needs. Support can be modified as circumstances change and enforced through California’s wage assignment mechanism. See our child support page for more detail.
Domestic Violence Restraining Orders
Duncan Family Law represents petitioners seeking emergency protective orders and permanent domestic violence restraining orders under the Domestic Violence Prevention Act (California Family Code §§ 6200–6460). The firm has trial experience in contested DVRO proceedings before the Los Angeles County Superior Court and understands how DVRO findings and restraining order terms interact with related custody and divorce proceedings. DVRO matters in Brentwood are handled at the Los Angeles County Superior Court’s West District courthouse.
Divorce Mediation and Negotiated Resolution
Many Brentwood divorces — including financially complex ones — resolve through negotiated settlement or mediation rather than contested trial. Where both parties negotiate in good faith, divorce mediation can resolve even complex asset disputes more efficiently and at lower cost than full litigation.Duncan Family Law prepares clients for mediation as thoroughly as for trial — with a complete picture of the marital estate, a clear understanding of the range of likely court outcomes, and a negotiating position built on accurate financial analysis rather than opening-round posturing.Mediation is not appropriate in every case — particularly where there is a significant information imbalance, a history of financial control by one spouse, or a domestic violence concern.Where it does fit, it can preserve both resources and post-divorce relationships. For couples not ready to end the marriage outright, legal separation under Family Code § 2310(b) provides an alternative that can address financial and custody issues while leaving marital status formally intact.If your divorce involves a professional practice, executive compensation, or significant real estate, early strategy is what protects your position. Call Duncan Family Law at (855) 369-9993 for a confidential consultation.