Active depreciation charged to business owner in divorce

BVWireIssue #254-1
November 1, 2023

marital dissolution/divorce
goodwill, passive appreciation, marital dissolution, marital property, active appreciation

In a South Carolina divorce case, the business owner (husband) appealed the family court’s decision on the valuation of the family business. The valuation was done on the date of filing of the marital litigation, but the value apparently dropped during the litigation. The family court found that any change in value was attributable to the actions of the husband.

High bar: The appellate court noted that it will affirm “unless the appellant satisfies his burden of showing the preponderance of the evidence is against the family court’s findings.” The burden was not satisfied, so the appellate court affirmed the family court’s decision on the matter regarding the change in value. Other matters affirmed included accounting for personal goodwill and the court’s selection of a value within the range of evidence presented.

The case is Clampitt v. Clampitt, 2023 S.C. App. Unpub. LEXIS 381, and a case analysis and full court opinion will be on the BVLaw platform.

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