Matrimonial Consulting Articles

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. 

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.

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. 

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.

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.