New Mexico couples that have significant assets such as businesses, real estate, and high-value investments must take a more nuanced approach to divorce. You are in a “split the baby” scenario, but understand that indiscriminate slicing and dicing could easily wipe out your wealth. That’s where Attorney Bob Matteucci of Matteucci Family Law comes in.
As a former business owner who was inspired to go to law school after getting divorced, he understands better than most how life-altering this legal process can be. His lived experience, and the fact that he has an MBA as well as a juris doctorate, mean Bob is routinely asked to serve as a special master in New Mexico divorce cases where amicable agreement over the division of assets seems impossible, or there are particularly valuable or complex assets that cannot easily be split in half.
Special Master: Hired to Help
A special master is a neutral third party the judge in a civil lawsuit can bring in to help resolve difficult cases. They are hired to assist the parties in a civil lawsuit as they attempt to come to an agreement, or investigate an issue the judge would like more information on before he or she issues a decision.
Rule 1-053 of New Mexico’s Rules of Civil Procedure for the District Courts, which outlines how courts are to use special masters, describes them as a referee, auditor, or examiner. This is an apt description since a special master does not advocate for either party like an attorney would do, and he or she does not have the same decision-making powers as the judge in the case. Instead, the special master often has a set of skills or certain knowledge that the parties’ attorneys or the judge overseeing the case believes will be helpful to tap into.
Attorney Matteucci is often brought in to help resolve disputes in divorces involving complex or unique assets thanks to his years of family law experience and background as a small business owner. Before earning his J.D. with a concentration in Business Law from the University of New Mexico, Bob graduated from Tulane University with an MBA and was the owner of a profitable shoe store that generated over $5,500,000 in annual sales.
He knows how to dig into complex financial documents and estimate the value of illiquid and indivisible assets. He can also suggest ways to apportion the value of these assets in a manner that does not diminish their utility.
The Role of the Special Master in New Mexico Divorces
Attorney Matteucci has found that the work he does as a special master is as varied as the cases and people seeking his assistance. The exact scope of his duties and the work to be done in each case is specified by the parties to the case in a stipulated order filed with the court.
The court order tells him:
- exactly what his job as special master in a particular case is,
- the timeline for the work, and
- the format of any reports that will be submitted.
To get the job done right, a special master is generally given the authority to:
- request documents and information from the parties involved,
- hire experts,
- hire assistants,
- issue subpoenas,
- interview witnesses, or
- carry out specific tasks like negotiating the sale of assets on behalf of the parties in the case.
The court accepts a special master’s actions, and any reports generated by the special master, at face value unless a party involved in the case proves the work that has been done is clearly unacceptable. The case then moves forward without the special master’s further involvement.
When a Special Master is Helpful
When Bob is asked to serve as a special master in a divorce case it is typically a case where there are high-value assets to sell, liquidate, value, assess, or equitably divide up, including:
- Real Property — When dealing with multiple properties or complex real estate holdings, Bob ensures an equitable distribution that reflects the true value of residential and commercial buildings, agricultural land, and vacation property.
- Businesses — Whether a business needs to be divided, sold, wound down, or kept operating, Bob can take the steps necessary to move things forward.
- Business Assets — If particular business assets are causing strife, Bob can step in and oversee the disposition of inventory, receivables, and equipment.
- Other High-Value Assets — From stock portfolios to retirement accounts, and vehicles, art, jewelry, firearms, and antiques, Bob can provide detailed analysis and division strategies that protect the value of these unique assets.
Frequently Asked Questions About Special Masters
While every family law dispute is different, and the work of a special master varies from case to case, many of Bob’s clients in the Albuquerque area share similar questions about the process. The following FAQs answer common issues about the work of special masters and may help you decide if it is an option you want to discuss with the Matteucci Family Law team.
What is the benefit of hiring a special master?
When used appropriately, a special master can:
- Reduce delays in court
- Lower overall conflict
- Create clearer, more workable outcomes
- Keep emotionally charged issues from escalating
- Allow judges to focus on decision-making rather than logistics
For high-net-worth couples who want resolution, not prolonged litigation, these are meaningful advantages.
Are a special master’s decisions final?
No. The judge makes the final decision, but special master findings are often influential.
Who pays for a special master in a divorce case?
Although it is the judge in a case who approves the hiring of a special master, it is the parties in the case who must pay for it. The cost is typically split between the parties unless it would be more appropriate for one party to cover the full cost.
How much does it cost to hire a special master
This varies a great deal based on the work required. The fee charged may be a flat rate or hourly depending on the type of case and the work necessary.
Is a special master right for your case?
Not every divorce needs a special master. In some cases, the added expense may not make sense. In others, especially where business interests or post-divorce financial administration are involved, a special master can save time, stress, and money in the long run. This is a strategic decision that should be made with guidance from an experienced New Mexico divorce attorney.
Serving Families with Dignity & Compassion
When it is clear that a divorcing couple will not be able to come to an amicable agreement regarding the division of their assets, and the assets in question are difficult to value or divide up, it may be time to bring in a special master.
Attorney Bob Matteucci may not have the wisdom of Solomon, but he has developed a reputation as a fair and efficient special master. He leverages his legal skills, business acumen, and experience as a divorcee to help the parties in high-net-worth divorces navigate the financial and emotional minefield they are facing. Whether he is serving as an advocate, a mediator, or a special master, his goal is to help the parties involved move forward with their lives. Please contact Bob today to schedule a meeting.