September 28, 2020 | Divorce Litigation, Exemptions, Financial Planning, Tax Planning
The COVID-19 pandemic has impacted nearly every facet of life — including our relationships. Some reports indicated the stress of the crisis, combined with people’s close and constant contact with their spouse might be to blame for some recent divorces. A divorce is a stressful and complicated issue. The emotional toll it takes can oftentimes Continue Reading »
April 20, 2020 | Court Rulings, Divorce Litigation
Lucchesi v. Lucchesi In divorce cases, appreciation of separate property is one of the most complex issues whose analysis can be challenging for attorneys and valuators. A recent Tennessee appeals court decision is noteworthy for explaining the framework courts in this jurisdiction use to decide whether the non-owner spouse has a claim to the increase Continue Reading »
April 6, 2020 | Court Rulings, Divorce Litigation, Valuations
Hall v. Hall A Florida divorce case prompted an important discovery ruling from the appellate court as to a nonowner spouse’s right to access documents and information regarding the owner spouse’s interest in a large medical practice. The wife was one of 75 owners in a large medical practice that had 200 physicians. After she Continue Reading »
March 16, 2020 | Divorce Litigation, Financial Planning, Tax Planning
While the divorce rate in Maine is below the national average, it is still common. Divorce is obviously an emotionally and personally impactful event. But beyond that, it is also a financially impactful one. A divorce can create negative tax consequences, especially in terms of dividing up tax-favored retirement accounts. Here is how to manage Continue Reading »
November 18, 2019 | Court Rulings, Divorce Litigation, Valuations
Burchfield v. Burchfield Among a host of issues, this Virginia divorce case, which included a prominent Washington, D.C., lawyer and his estranged wife, raised an important valuation question related to the husband’s partnership interest in the firm: Whether undistributed earnings were includible in the marital property, as the wife’s expert claimed, or whether they were Continue Reading »
October 7, 2019 | Court Rulings, Divorce Litigation
Oudheusden v. Oudheusden In a noteworthy decision, a Connecticut appellate court recently found the trial court double dipped when it divided the marital assets and calculated spousal support. Although attorneys from both sides had alerted the trial court to the risk of double dipping, the court awarded the non-owner spouse half of the value of Continue Reading »
August 12, 2019 | Court Rulings, Divorce Litigation
Zausch v. Schnakenburg In a divorce case, the Indiana Court of Appeals reviewed a trial court’s post-judgment decision to modify the husband’s child support obligation upwards. The crux of the case was how to calculate the father’s income where he held minority interests in several pass-through entities (PTEs), some, but not all, of which made Continue Reading »
July 15, 2019 | Court Rulings, Divorce Litigation, Valuations
Hultz v. Kuhn A Maryland divorce case illustrates the difficulties an appraiser charged with valuing a small company in the divorce context may face and how he or she may prevail in court. The wife was the sole shareholder in a tree services business. The issue at divorce was the size of the monetary award Continue Reading »
November 19, 2018 | Court Rulings, Divorce Litigation, Valuations
Allison v. Allison A Michigan divorce case that centered on the non-owner spouse’s right to the appreciation in value of allegedly separate property is informative as it shows what factors the court considers for its active/passive analysis. However, the size of the award to the non-owner spouse also suggests that the court, in the end, Continue Reading »
September 7, 2018 | Court Rulings, Divorce Litigation, Valuations
Jensen v. Jensen, 2018 Mich. App. LEXIS 40 (Jan. 9, 2018) This Michigan divorce case involving an S corporation that was the owner’s separate property raised a number of valuation-related questions, including an issue of first impression: Are the earnings a closely held company retains during the marriage includable in the marital estate, such that Continue Reading »