South Carolina Supreme Court Rejects Categorical Approach to Discounts in Divorce Valuations

BVLaw
Court Case Digests
May 13, 2020
2299 Textile Goods, NEC
313310 Textile and Fabric Finishing Mills
marital dissolution/divorce
closely held corporation, discount for lack of marketability (DLOM), fair market value (FMV), minority discount, minority interest, discount for lack of control (DLOC)

Clark v. Clark
2020 S.C. LEXIS 69
US
State Court
South Carolina
Supreme Court
Catherine Stoddard (husband); Marcus Hodge (wife)
Hearn

Summary

On use of marketability and minority discount in valuing wife’s minority interest in husband’s company, state Supreme Court rejects bright-line rule, noting importance of case-by-case analysis and giving trial court flexibility in apportioning assets; fair market value standard drives valuation.

See Also

Clark v. Clark

On use of marketability and minority discount in valuing wife’s minority interest in husband’s company, state Supreme Court rejects bright-line rule, noting importance of case-by-case analysis and giving trial court flexibility in apportioning assets; fair market value standard drives valuation.