ARTICLE
15 July 2025

The Divorce Option That Advisors (And Their Clients) Shouldn't Ignore

SD
Schiller DuCanto & Fleck LLP

Contributor

The Chicago law firm of Schiller DuCanto & Fleck LLP is one of the largest divorce and family law firms of its kind in the country. It is internationally recognized as a model for firms practicing family law and has a primary focus on helping affluent clients solve problems to achieve the best possible results. The firm’s mission of ensuring quality, knowledge and experience to their clients is evident through our wide range of services tailored to our clients’ unique needs.
Ask any wealth manager what happens when a divorce goes off the rails, and you'll hear a familiar story: broken relationships, scattered assets...
United States Family and Matrimonial

Ask any wealth manager what happens when a divorce goes off the rails, and you'll hear a familiar story: broken relationships, scattered assets, and at least one party walking away angry and financially uncertain. I've seen that movie. Too many times.

But there's another version of the story, one that doesn't end with scorched earth. It starts with choosing a process that prioritizes stability and dignity. That process is collaborative divorce. And for families with complex assets, deep emotional ties, or a desire to protect a legacy, it's often the best path forward.

I won't claim it's perfect. But I've seen firsthand how the right approach, with the right team, can change not only the outcome of a divorce, but how families function afterward. This post is for wealth managers, estate planners, and anyone who influences big decisions during major life transitions.

The Cost of Getting Divorce Wrong

When a divorce becomes adversarial, the fallout goes far beyond legal fees. The stress can fracture long-standing relationships, with children, with extended family, and yes, with trusted advisors. Assets that took years to build can disappear in months.

One of the wealth advisors I work with put it best: "We don't fear divorce. We fear the process going off the rails." And when that happens, it's often the financial advisor who gets cut loose. Not because they did anything wrong, but because the trust broke somewhere along the way.

Collaborative divorce helps prevent that by removing the courtroom as the battlefield. Instead of prepping for war, everyone prepares for resolution. The tone changes. The goals shift. And as a result, clients are more likely to stay with their advisors.

What Collaborative Divorce Really Is

The foundation of a collaborative divorce is the participation agreement. It says that if either side chooses to litigate, both attorneys must withdraw from the case. That might sound extreme, but it's what creates true alignment. It keeps everyone at the table, focused on solutions, not strategies to win in court.

What does that look like in practice? It means more time around a table than in front of a judge. It means meetings that feel like working sessions, not depositions. And it means solutions that come from the people living with them, not ones handed down by someone in a robe who heard the case for fifteen minutes.

Before we ever sign that agreement, there's a vetting process. We assess whether the clients, and their goals, are a good fit for collaboration. If they're not, we don't move forward. It's that simple. This protects everyone's time and energy, and avoids setting up a process that's doomed to fail.

Why Wealth Managers Should Care

A collaborative process isn't just a nice idea for the clients. It directly affects the financial professionals in their lives. You're not just managing assets, you're managing transitions. And divorce is one of the most disruptive transitions there is.

In litigation, a wealth manager might be kept in the dark until the ink is dry, or worse, replaced entirely. But in collaboration, we bring financial professionals into the process early. We stress-test proposed settlements. We run cash flow projections. We evaluate estate plans and tax implications in real time. When those pieces align early, it sets both parties up for a better financial outcome, and makes your job easier in the long run.

That means your role doesn't get sidelined. It gets elevated. You become part of the team shaping a future that still works for both parties. And in the vast majority of cases I've worked on, both spouses stay with their advisors when the process is respectful and transparent. That kind of continuity matters, for everyone.

The Team Matters

A good process is only as strong as the people guiding it. That's not a cliché, it's a reality that plays out in every collaborative case.

The attorney's mindset matters. Collaborative law is not just about training, it's about a posture of listening, problem-solving, and helping clients stay out of the cycle of retaliation. I've seen attorneys try to wear two hats: say the right things in the room but think tactically like litigators outside of it. It doesn't work. Clients pick up on that energy, and trust breaks down.

The financial neutral is critical. I've seen skilled neutrals help couples zoom out from spreadsheets and think about what life looks like in 10 years. That shift, from numbers to narrative, helps everyone focus on planning, not panic. A strong neutral can walk into a room full of tension and calmly walk both spouses through complex financial scenarios in a way that feels fair, not adversarial.

And the mental health professional? In many ways, they're the secret weapon. They help keep communication clear, emotions in check, and co-parenting on track. They're not doing therapy in the room, they're managing dynamics so legal conversations don't turn into shouting matches. That's the difference between progress and paralysis.

When each member of the team understands their role and respects the others, the process moves. When one member doesn't? It stalls. So yes, who you hire makes a difference.

This Isn't Just About Splitting Up. It's About Building What's Next.

Not every divorce has to end in distance. I've worked with couples who, despite ending their marriage, still wanted to build something meaningful together. These are people who spent decades building wealth, raising kids, supporting charities, and who didn't want a judge deciding the final chapter of their story.

In one case, we used generation-skipping trusts and set up a charitable foundation that both spouses now co-manage. We weren't just dividing assets. We were building a legacy. Intentionally. Respectfully. And without destroying the goodwill they still had.

Another couple with young kids wanted to test-drive parenting schedules before finalizing them. We built flexibility into the process so they could adjust based on real-world feedback. The result? A plan that worked for the whole family—and kept them out of court.

These aren't exceptions. They're what's possible when the team is right, and the process is centered on the future—not just the past.

What Happens in a Collaborative Session?

If you've never sat through a collaborative session, you might imagine something formal and rigid. In reality, it's often the opposite. Picture a round table, not a bench. Each party has their attorney, but there's also a financial neutral and a mental health facilitator present.

Everyone has a role, and everyone is working from the same playbook. We often start by identifying common goals. Sometimes it's preserving wealth, sometimes it's shielding children from conflict, and other times it's something as simple as maintaining peace during the holidays.

We walk through issues one at a time—assets, custody, real estate, business interests—with real discussion and real transparency. There's no cross-examination. No objections. Just clarity, accountability, and forward motion.

The tone isn't adversarial. It's cooperative. That doesn't mean it's easy. But it's structured for success rather than stalemate.

Why Litigation Puts Wealth Managers in a Tough Spot

When a divorce turns litigious, advisors often find themselves in no-man's-land. One client might demand you advocate for them. The other may accuse you of bias. And your role as an impartial planner? It becomes nearly impossible to maintain.

Litigation thrives on leverage and positioning. That's not how wealth management works. When couples are at odds, data becomes weaponized. One spouse questions the other's spending. The other starts pulling records. You get dragged into conflict when your role should be helping both parties maintain financial health.

In the worst cases, you lose both clients. The collaborative process shields you from this. It allows you to stay neutral while still being involved. Your advice is welcomed, not weaponized. That alone makes it a smarter path for advisors who want to retain relationships, avoid legal entanglements, and keep their practice focused on growth, not damage control.

Final Thoughts for Wealth Managers

So, what should you do when a client shares they're heading for divorce?

First, take a breath. Then ask them what they want the next chapter to look like. Peaceful? Private? Predictable? If they say yes to any of those, point them toward collaborative divorce. Offer to help them build the right team. Remind them that the right process protects not just their wealth—but their relationships and reputation too.

Your voice carries weight in their life. Use it to guide them toward a future that still works. Not just for now, but for years to come.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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