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Attorneys and Valuers Strengthen Ties at AAML/BVR Divorce Confab

The Tax Cuts and Jobs Act, expert witnessing, rigged valuations, and other interesting topics were presented at the National Divorce Conference (in Las Vegas May 8-10) co-sponsored by the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR). Here’s a recap of some important takeaways.

In Florida divorce, expert’s ‘with-and-without’ valuation withstands appeal

In a nasty Florida divorce case, an appellate court recently upheld the trial court’s valuation findings concerning the husband’s 50% interest in a successful company that operates in the waste disposal industry.

Avoiding Ethics Violations When Working on Divorce (or Other) Cases

At the recent AAML/BVR divorce conference, held May 8-10 in Las Vegas, one of the sessions that best conveyed the advantages of an interdisciplinary discussion was on ethics. The topic was “Ethics Violations: How to Avoid the Letter No One Wants to Receive,” and the speakers were Marie Ebersbacher (CBIZ MHM LLC), an appraiser and financial forensics expert, and Lawrence Moskowitz (Perry, Johnson, Anderson, Miller & Moskowitz LLP), a family law attorney.

Kvinta v. Kvinta

In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.

Coverture Fraction Method Best BV Approach in Face of Lack of Financial Data

In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.

Connecticut court’s impermissible double dipping triggers remand

In a noteworthy decision, a Connecticut appellate court recently found the trial court double dipped when it divided the marital assets and calculated spousal support.

Court Remands for Determination of Separate Asset’s Premarital Value

Appellate court affirms that increase in value of husband’s company is subject to equitable distribution but says trial court erred when it assumed company had zero value on the date of marriage because company then was not profitable; court remands for determination of company’s premarital value.

Appreciation in Liquor Company’s Value Represents Marital Property, Appeals Court Finds

Appeals court upholds ruling that appreciation in value of husband’s interest in family liquor business is marital asset; trial court carefully analyzed husband’s role in company to find he “substantially contributed” to the increase and husband stipulated to wife’s substantial contribution.

Court Explains Treatment of Undistributed Earnings in Valuing Law Firm Partnership Interest

In valuing husband’s law firm partnership interest, court finds undistributed earnings, even though allocated to husband before separation, are not marital property because money was based on firm’s anticipated net profits; money was not earned during marriage but after parties’ separation.

Burchfield v. Burchfield

In valuing husband’s law firm partnership interest, court finds undistributed earnings, even though allocated to husband before separation, are not marital property because money was based on firm’s anticipated net profits; money was not earned during marriage but after parties’ separation.

Divorce conference speakers share valuation and legal practice tips

In “25 Hot Tips in 75 Minutes,” one of the most popular panels at the recent AAML/BVR National Divorce Conference in Las Vegas, attorneys and valuation experts shared tips on how to succeed in litigation as well as in managing client relations and workflow.

Connecticut Appellate Court Remands Because of Impermissible Double Dipping

Appellate court remands because of trial court’s impermissible double dipping, where trial court awarded wife half of the fair market value of husband’s two solely owned businesses, which represented husband’s sole income stream, and based spousal support on annual income generated by businesses.

Oudheusden v. Oudheusden

Appellate court remands because of trial court’s impermissible double dipping, where trial court awarded wife half of the fair market value of husband’s two solely owned businesses, which represented husband’s sole income stream, and based spousal support on annual income generated by businesses.

10 key takeaways from the 2019 AAML/BVR National Divorce Conference in Las Vegas

Hundreds of family law attorneys and financial experts converged last week in Las Vegas for the first event the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR) co-sponsored. Attorneys along with valuation, forensics, wealth and other financial experts co-presented the sessions, which gave invaluable perspectives on the topics.

Takeaways from the inaugural AAML/BVR divorce confab

Family law attorneys and financial experts converged last week in Las Vegas for the first event co-sponsored by the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR).

Appreciation analysis reveals owner’s substantial contribution to company’s success

Appreciation of separate property is a knotty issue whose analysis can be challenging for attorneys and valuators, but a recent Tennessee appeals court decision helps practitioners understand the framework a court may use to decide whether the nonowner spouse has a claim to the increase in value.

Webcast this week of the National Divorce Conference

Couldn’t make it to Vegas for this week’s AAML/BVR National Divorce Conference May 8-10?

Beware of attack on your transactions method

An article in the Spring 2019 issue of Family Lawyer magazine shows how a lawyer can attack a valuation expert’s use of the guideline company transactions method for a small- to medium-size firm.

Important Utah goodwill ruling concerning one-person business

The Utah Court of Appeals recently examined the nature of goodwill in a one-person business and, in so doing, expanded on the state’s goodwill jurisprudence.

Business Valuation in Divorce Case Law Compendium, Fourth Edition

April 2019 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

With in-depth analysis from BVR’s legal team, the new Business Valuation in Divorce Case Law Compendium, Fourth Edition is an indispensable tool for every divorce professional to stay ahead of the game. Now updated with five new chapters and 40 new cases that have helped shape the landscape of business valuation in divorce proceedings, this must-have compendium offers advice from top business valuation experts.

Learn more >>

Updated goodwill chart and map for divorce cases posted

BVR recently updated its complimentary download “Charting Goodwill Jurisprudence” to give you an at-a-glance look at a state’s basic position toward enterprise and professional goodwill.

How to cultivate the biggest source of referrals

Attorneys account for the largest share of business for BV experts and valuation analysts.

Pratt’s Stats/Deal Stats analysis holds up in divorce litigation

A Maryland divorce case illustrates the difficulties an appraiser charged with valuing a small company in the divorce context may face and how he or she may prevail in court.

Fox v. Fox

Appellate court affirms that increase in value of husband’s company is subject to equitable distribution but says trial court erred when it assumed company had zero value on the date of marriage because company then was not profitable; court remands for determination of company’s premarital value.

Valuing goodwill in divorce: State-by-state breakdown of enterprise & professional goodwill jurisprudence

Appraisers working on divorce cases know that goodwill is a fundamental concept they have to master. What makes it challenging is that divorce is a state matter and that different states adhere to different rules as to how to treat goodwill. BVR is excited to offer legal and valuation professionals a handy reference guide that includes a state-by-state breakdown of goodwill jurisprudence

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