New case affirms treatment of goodwill in Indiana divorces
In Indiana, enterprise goodwill is includable in the marital estate, but personal goodwill is not (see BVR’s Charting Goodwill map).
How to find hidden assets in divorce
Parties to a divorce may not be totally forthcoming with assets they own, so the valuation expert often has to help ferret them out.
Two cases on trapped-in gains tax—with opposite outcomes
In a California divorce case we recently covered, an appeals court disallowed a discount for possible future taxes because the taxes were neither immediate nor specific.
Dettloff-Meyer v. Meyer
The husband in this divorce case appealed the circuit court ruling that relied on the purchase price of the business less than a year before the valuation date. The purchase was made from the wife’s parents at a price the parents determined of $500,000, most of which was goodwill. After an initial ruling from the circuit court accepting the value less debt of the husband’s expert, the wife asked for a reconsideration. The Circuit Court granted the reconsideration and found a value of the business of $45,230. The husband appealed the reconsidered decision of the circuit court. The appellate court determined that the circuit court’s use of the purchase price was not erroneous.
Wisconsin Appellate Court Affirms Purchase Price as Value of the Business in a Divorce Matter
The husband in this divorce case appealed the circuit court ruling that relied on the purchase price of the business less than a year before the valuation date. The purchase was made from the wife’s parents at a price the parents determined of $500,000, most of which was goodwill. After an initial ruling from the circuit court accepting the value less debt of the husband’s expert, the wife asked for a reconsideration. The Circuit Court granted the reconsideration and found a value of the business of $45,230. The husband appealed the reconsidered decision of the circuit court. The appellate court determined that the circuit court’s use of the purchase price was not erroneous.
Bostick v. Bostick
The South Carolina Court of Appeals, in this divorce case, reversed the family court and included all goodwill of a dentistry practice as enterprise goodwill includable in the marital estate. The family court had included all of the goodwill as personal goodwill not part of the marital estate. The Court of Appeals also reduced the temporary monthly alimony.
Appellate Court Reversed Decision and Treated All Goodwill as Enterprise Goodwill Includable in the Marital Estate
The South Carolina Court of Appeals, in this divorce case, reversed the family court and included all goodwill of a dentistry practice as enterprise goodwill includable in the marital estate. The family court had included all of the goodwill as personal goodwill not part of the marital estate. The Court of Appeals also reduced the temporary monthly alimony.
Hester v. Hester
In this Virginia divorce case, the court, among other things, did not accept the valuation of either valuator and instead determined its own value crafted from the two valuations that were submitted. The result, by chance or otherwise, resulted in “splitting the baby.”
Divorce Matter Results in the Court ‘Splitting the Baby’ to Value a 20% Interest in an S Corp. Medical Practice
In this Virginia divorce case, the court, among other things, did not accept the valuation of either valuator and instead determined its own value crafted from the two valuations that were submitted. The result, by chance or otherwise, resulted in “splitting the baby.”
Erickson v. Erickson
The Court of Appeals of Utah in this divorce case affirmed the trial court’s decisions regarding the value of the wife’s business and the exclusion of the wife’s rebuttal witness. The primary issue on appeal was whether the business value included personal goodwill and whether personal goodwill was an appropriate issue in Utah for this business, veterinary pharmaceuticals. The court also affirmed the trial court’s exclusion of the wife’s rebuttal expert.
Appellate Court of Utah Affirms Judgment of Business Value Despite Assertions the Value Included Personal Goodwill
The Court of Appeals of Utah in this divorce case affirmed the trial court’s decisions regarding the value of the wife’s business and the exclusion of the wife’s rebuttal witness. The primary issue on appeal was whether the business value included personal goodwill and whether personal goodwill was an appropriate issue in Utah for this business, veterinary pharmaceuticals. The court also affirmed the trial court’s exclusion of the wife’s rebuttal expert.
Dispelling the ‘hired gun’ perception of testifying experts
A question often comes up: “How can two qualified and experienced business valuation experts analyze the same company and come up with widely disparate values?”
Preliminary agenda out for 2022 AAML/BVR National Divorce Conference
Want to learn how to value and divide intellectual property caught up in divorce?
In re Marriage of Brown
In this Illinois divorce case, the appellate court affirmed the circuit court’s determination of value of the husband’s business by the husband’s expert even though evidence was presented that the expert did not follow the AICPA Business Valuation Standards. Further, the husband’s expert did not consider any enterprise goodwill and used an unorthodox method to determine the value of the business. The wife’s expert asserted that the husband’s expert did not provide a fair market value but rather did a “calculation.” The appellate court also affirmed the circuit court’s decision not to exclude the testimony of the husband’s expert witness.
Illinois Appellate Court Does Not Accept Valuation Including Enterprise Goodwill
In this Illinois divorce case, the appellate court affirmed the circuit court’s determination of value of the husband’s business by the husband’s expert even though evidence was presented that the expert did not follow the AICPA Business Valuation Standards. Further, the husband’s expert did not consider any enterprise goodwill and used an unorthodox method to determine the value of the business. The wife’s expert asserted that the husband’s expert did not provide a fair market value but rather did a “calculation.” The appellate court also affirmed the circuit court’s decision not to exclude the testimony of the husband’s expert witness.
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Cain v. Cain
The Nebraska District Court in this case accepted the value of the wife’s expert testimony at trial as to the value of the husband’s 50% interest in his business. Both appraisers included DLOMs in determining value, and both appraisers utilized appropriate valuation methodologies. The difference in the two valuations is a matter of the difference in professional judgment.
The Nebraska District Court’s Determination of the Value of a Husband’s Business Is Affirmed—Appraisers Used Acceptable Valuation Methodology
The Nebraska District Court in this case accepted the value of the wife’s expert testimony at trial as to the value of the husband’s 50% interest in his business. Both appraisers included DLOMs in determining value, and both appraisers utilized appropriate valuation methodologies. The difference in the two valuations is a matter of the difference in professional judgment.
Appeals court OKs one discount, KOs another in divorce matter
In a California divorce matter, the husband’s expert applied two discounts to the valuation of the wife’s one-half interest in his business: one discount for possible future taxes and one for a discount for lack of marketability (DLOM).
Adewopo v. Jaja
In this divorce matter, the Indiana appellate court included enterprise goodwill of the wife’s business in the marital estate. The court-appointed, at the husband’s request, expert testified as to his conclusion of value using an income approach and calculating the amount of enterprise goodwill while excluding personal goodwill. The wife objected to the expert’s value but provided no evidence of her own determination of value.
Indiana Appellate Court Includes Enterprise Goodwill of Wife’s Businesses in Marital Estate
In this divorce matter, the Indiana appellate court included enterprise goodwill of the wife’s business in the marital estate. The court-appointed, at the husband’s request, expert testified as to his conclusion of value using an income approach and calculating the amount of enterprise goodwill while excluding personal goodwill. The wife objected to the expert’s value but provided no evidence of her own determination of value.
Dates set for AAML/BVR National Divorce Conference
If you do any valuation work for divorce, you do not want to miss the National Divorce Conference, brought to you by the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR).
Business Valuation Update Yearbook, 2022 Edition
January 2022 PDF (454 pages)
BVR (editor)
Business Valuation Resources, LLC
Divorce Disputes: When Valuation Experts Disagree
Valuations performed in the context of divorce litigation encounter scrutiny and challenge from opposing counsel and their experts. This puts experts in the unique situation of defending their analyses and opinions. Utilizing proper valuation techniques encompassed with supporting documentation, facts, and statistical market and industry analyses will enhance credibility by increasing an appraiser’s confidence level in his or her opinion. Join expert valuator Josh Shilts and Jeff Robison as they discuss areas in valuation that ...
Asare v. Asare
In this marital dissolution appellate case, the appellate court must resolve a number of issues related to the equitable distribution of the marital estate. On most issues, the appellate court affirmed the trial court. However, the appellate court reversed the trial court on the issue of how much passive appreciation related to an investment account was includable in the marital estate.