Matrimonial Consulting Articles
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.
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.
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.
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.
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.
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.
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.
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.