May 4, 2018 | Court Rulings, Divorce Litigation, Valuations
Ramundo v. Ramundo, 2017 N.J. Super. Unpub. LEXIS 443 (Feb. 24, 2017) A New Jersey divorce case revolving around the valuation of a chiropractic practice is a good example of how a skilled valuation expert may produce a credible, if incomplete, appraisal when denied access to vital information by the opposing party. Here, even though Continue Reading »
March 23, 2018 | Court Rulings, Divorce Litigation, Valuations
In re Marriage of Chen, 2016 Wash. App LEXIS 2854 (Nov. 22, 2016) Double dip, like goodwill, is a challenging issue for valuators because different jurisdictions handle the subject differently, which makes it hard to keep up with the various approaches. A Washington state decision explains that jurisdiction’s case law and lays down the key Continue Reading »
February 23, 2018 | Court Rulings, Divorce Litigation, Valuations
In re Marriage of Kirkendoll 2016 Wash. App. LEXIS 2357 (Oct. 4, 2016) In a Washington state divorce case, the appeals court delved into “the notion of the impermissible ‘double dip’” and explained why the concept was not applicable to the facts of the case. The dispute centered on the couple’s only income-generating asset, a Continue Reading »
August 11, 2017 | Court Rulings, Divorce Litigation, Valuations
Baumbouree v. Baumbouree, 2016 La. App. LEXIS 1388 (July 13, 2016). In a Louisiana divorce case, the trial court applied the value stated in a stock agreement the physician owner-spouse had entered into with his firm in the context of partition. In her appeal, the wife objected that by doing so the trial court had Continue Reading »
June 16, 2017 | Court Rulings, Divorce Litigation, Valuations
Lacoste v. Lacoste, 2016 Miss. App. LEXIS 460 (July 19, 2016) A recent Mississippi divorce case highlights the complexity of valuing a small family business as well as the importance of an accurate valuation to achieving an equitable distribution of marital assets. Neither party in the case retained an expert, prompting the trial court to Continue Reading »
April 12, 2017 | Court Rulings, Divorce Litigation, Valuations
Kminek-Nierenberg v. Kenneth Nierenberg, 2016 N.J. Super. Unpub. LEXIS 2015 (Sept. 8, 2016) A complex New Jersey divorce litigation with multiple defendants and several family businesses illustrates the challenges appraisers and the trial court faced in determining the appreciated value of numerous separate premarital and gifted assets for equitable distribution purposes. The case highlights basic Continue Reading »
March 3, 2017 | Court Rulings, Divorce Litigation, Valuations
Divorce is one of the most common reasons for obtaining a business valuation, and has led to many court decisions. Throughout the United States, there are a myriad of laws and case law, and making sense of this patchwork quilt is difficult at best. When developing a valuation for a marital dissolution, here are some Continue Reading »
January 30, 2017 | Court Rulings, Divorce Litigation, Valuations
Grant v. Grant, 2016 Tenn. App. LEXIS 327 (May 12, 2016) Appraisers rely on clear directives from the courts to produce sound valuations, but they may not always get them. A recent Tennessee appellate ruling in a divorce dispute is a case in point. The issue was whether it was appropriate to use a marketability Continue Reading »
December 26, 2016 | Divorce Litigation, Valuations
The specialty of business valuation is evolving, and one recent development is the emergence of investment value as the appropriate standard of value in some divorce cases, rather than fair market value. This trend is important to monitor to ensure your valuation expert estimates the correct standard of value. If not, a court may disregard his Continue Reading »
October 21, 2016 | Court Rulings, Divorce Litigation, Valuations
Sternat v. Sternat, 2015 Wisc. App. LEXIS 776 (Oct. 28, 2015) A recent divorce case featured a noteworthy challenge to the prevailing testimony of the wife’s expert. The husband claimed the opinion of the wife’s expert was unreliable because the expert had fewer credentials as a business valuator than did the husband’s expert. The court Continue Reading »