Every year, family law lawyers observe a statistically significant increase in separation inquiries in January. For high-net-worth individuals, the decision to separate requires a level of planning and foresight that goes far beyond the emotional considerations. Corporate structures, trusts, sophisticated investments, and complex parenting dynamics mean that a proactive approach is critical. December, despite its holiday activity, is the most advantageous month for discreet and strategic preparation.
Why January Is a Common Time for Separation Filings
January has long been associated with a rise in separation and divorce filings. Families often wait until the holidays are over to avoid disrupting seasonal traditions or creating stress for children. The new year also brings a sense of renewal, making it a natural time to initiate major life changes. Importantly for high-net-worth individuals, year-end financial documents and corporate statements start to become available in early January, providing the clarity needed for informed negotiations and understanding their financial picture.
December Is the Best Time to Review Your Financial Position
High-net-worth separations rely heavily on accurate financial information. December offers a valuable opportunity to review your financial landscape before taking any formal steps. Those with private corporations, real estate holdings, professional practices, investments, or trust structures should take a close look at year-end statements and business performance. This month is also ideal for updating business or property valuations and considering liquidity needs to support future negotiations. Because accountants and advisors are already engaged in year-end work, December offers natural alignment for coordinated planning.
Gathering Financial and Legal Documents Before Separation
Accessing important documents can become more complicated once separation is underway. December is the ideal time to collect financial statements, tax returns, trust deeds, corporate agreements, estate-planning documents, insurance policies, and beneficiary designations. Having these materials organized in advance allows your family lawyer to provide clear strategic direction from the beginning of the process and helps avoid delays later.
Planning Parenting Arrangements for the New Year
Parenting schedules often become more complex for high-net-worth families due to travel, business demands, and multiple residences. December provides an opportunity to evaluate the existing parenting schedule, consider any challenges that arose during the holiday season, and determine whether adjustments will be needed in the new year. This preparation supports stability and helps reduce conflict as January approaches.
Understanding Tax Implications Before Initiating a January Separation
Tax timing can significantly affect high-net-worth separations. Income from corporations, bonuses, dividends, capital gains, and trust distributions often aligns with the year end. These factors may influence future support calculations or property division. Consulting with a tax advisor before January ensures that the timing of your separation aligns with your long-term financial goals.
Set Yourself Up for a Strategic Start to 2026
Assembling the right advisory team is essential for high-net-worth clients. Family law, corporate, tax, and financial professionals often all play important roles. Engaging these advisors in December ensures a strategic, coordinated start in January, reducing delays and supporting better outcomes.
A January separation is most effective when supported by thoughtful December preparation. If you are considering separating in early 2026, a confidential consultation before the holidays can help you move forward with clarity, stability, and confidence.
At Linmac LLP, our family law team has extensive experience advising clients on complex separation matters. For more information, please contact Brett M. Carlson or any other member of our Family Law Group.