In high-asset divorce scenarios that are not truly amicable, safeguarding one’s share of marital financial wealth is not the only concern that spouses need to keep in mind. Property that represents deep personal significance, such as family heirlooms, artwork or even pets, can be weaponized via manipulation to gain an advantage in negotiations.
Unlike financial accounts or real estate, which represent clear monetary value, sentimental assets carry emotional weight. A spouse may attempt to use these items as bargaining chips, knowing that the other party has a strong attachment to them. This manipulation can take several forms:
- Holding sentimental assets hostage – One spouse may refuse to part with an heirloom or keepsake unless they receive a more favorable financial settlement.
- Using emotional attachment to gain leverage – A spouse may agree to hand over a cherished item only if the other makes a concession, such as relinquishing a claim to a shared property or reducing alimony demands.
- Deliberately destroying or devaluing sentimental property – In extreme cases, a spouse might damage or dispose of a meaningful asset out of spite, knowing it cannot be replaced.
Common sentimental assets that become points of contention in high-asset divorces include jewelry, art collections, rare books, inherited furniture and even family pets.
Safeguarding sentimental interests effectively
To prevent manipulation involving sentimental property, it is important to take legal steps to safeguard these items during divorce proceedings. Some proactive measures that may be worth considering include:
- Pre- or postnuptial agreements – Clearly outlining ownership of heirlooms, collectibles or inherited items in a marital agreement can prevent future disputes.
- Documentation and appraisals – Keeping detailed records, including purchase receipts, appraisals and ownership histories, can help establish rightful ownership.
- Court intervention – If a spouse is intentionally withholding or threatening to destroy sentimental assets, an attorney can seek legal remedies, including court orders to preserve or return the property.
In high-asset divorces, where financial settlements are often substantial, the value of sentimental items may not be purely financial but symbolic. Seeking personalized legal guidance can help spouses tailor a legal strategy that uniquely reflects the ins and outs of their situation.