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Matrimonial Consulting Articles

 

Redleaf v. Commissioner – Cash Payments are Property Settlement, Not Deductible Alimony

Redleaf v. Commissioner – Cash Payments are Property Settlement, Not Deductible Alimony

Posted by William P. Allen on April 03, 2023

Pursuant to a marital termination agreement from 2008, the husband in Redleaf v. Commissioner deducted $51 million in deferred cash payments to his ex-wife. The U.S. Court of Appeals for the Eighth Circuit Court affirmed that the payments weren’t deductible as alimony under the tax law that was in effect at the time the agreement was executed.

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Divorce Valuation Hinges on Expert Credibility

Divorce Valuation Hinges on Expert Credibility

Posted by Johnathon Miles on October 03, 2022

A recent Nebraska divorce case illustrates how differences in experts’ assumptions can have a dramatic impact on valuations.

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Maginnis V. Maginnis – Court Addresses Apportionment of Goodwill in Divorce

Maginnis V. Maginnis – Court Addresses Apportionment of Goodwill in Divorce

Posted by Douglas Sosnowski on April 19, 2022

A question that often arises in divorces cases is: To what extent should goodwill be included in the marital estate? The treatment of goodwill varies from state to state. 

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Timing and Financial Expertise are Critical in Divorces Today

Timing and Financial Expertise are Critical in Divorces Today

Posted by Douglas Sosnowski on December 07, 2021

As the strictest measures against the COVID-19 pandemic subside, clients may be eager to cut ties with a spouse — the sooner, the better, especially for more complicated marital estates.

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 White v. White - Is Appreciation Separate or Marital Property?

White v. White - Is Appreciation Separate or Marital Property?

Posted by William P. Allen on August 10, 2021

When dividing property in a divorce case, courts in most states distinguish between separate and marital property. Generally, separate property isn’t subject to division, while marital property is. However, a recent Nebraska Supreme Court case highlights how an increase in the value of separate property may sometimes be classified as marital property and, therefore, be subject to division.

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How Financial Experts Can Help in Divorce

How Financial Experts Can Help in Divorce

Posted on February 04, 2020

Divorce involves complex financial issues. A financial professional can help the parties resolve such matters as divvying up a marital estate and valuing private business interests. 

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Telfer v. Telfer: Discount for Lack of Marketability Upheld on Appeal

Telfer v. Telfer: Discount for Lack of Marketability Upheld on Appeal

Posted on November 19, 2019

Courts are divided on whether to allow discounts when valuing business interests in shareholder disputes and divorce cases. Whether discounts are equitable typically depends on state law, case facts and, ultimately, the court’s discretion.

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Searching for Hidden Assets and Unreported Income in Divorce

Searching for Hidden Assets and Unreported Income in Divorce

Posted by William P. Allen on October 08, 2019

When high net worth individuals file for divorce, both sides have a financial incentive to hide assets owned by their spousal “partnership,” so it is important to inventory the marital estate as soon as possible. 

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Close-Up on Goodwill in Divorce Cases

Close-Up on Goodwill in Divorce Cases

Posted by Douglas Sosnowski on May 21, 2019

When divorcing spouses own a private business interest, it complicates the settlement process. In general, the business needs to be valued and then included — either entirely or partially, depending on state law and legal precedent — in the marital estate.

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Differentiating Active vs. Passive Appreciation in Divorce

Differentiating Active vs. Passive Appreciation in Divorce

Posted by William P. Allen on February 19, 2019

The laws in most states make a distinction between marital and separate property for purposes of marital dissolution. In cases where property increases in value during the marriage, experts may be hired to determine whether that appreciation is passive or active.

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