Complex Property and Asset Issues in Divorce: Business Valuation and Equity Rights

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 20, 2019

Recorded event now available

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Program Materials

This CLE webinar will further develop the family law attorney's skill set regarding marital assets. Ownership interests--both in small businesses and through stock options in larger companies--are far more challenging to value and distribute than funds in a bank account.

Description

Property division in divorce seems simple, but some property is difficult to identify, quantify and divide. This webinar addresses two of the more complex types of property: (small) business ownership and future ownership rights such as stock options that are subject to equitable division.

When one spouse owns an ongoing business, counsel must examine a number of nuanced factors. A business that existed before the marriage may not be marital property--or there may be a marital interest in the business, if, for example, the business was in its infancy before the marriage and grew as a result of marital efforts.

If the business is marital property, counsel must examine how the property should be valued and how to pay the spouse receiving compensation (as opposed to keeping the business). An immediate cash payment is one solution, but the resources may not be available to do that.

Stock options present quandaries based on if and when the options have vested, and when they may be exercised. There might be theoretical present economic value, but that may differ greatly from the value upon exercise.

Listen as our geographically diverse panel discusses the general principals concerning these subjects and seeks to identify differences in the laws of various states. These are complex issues and this webinar presents the tools to analyze them.

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Outline

  1. Business valuation
    1. General principles of business valuation
    2. Factors in a divorce case: what existed pre-marriage; what was the gain during a marriage
  2. Stock options
    1. Are they marital property
    2. How to value
    3. When to distribute

Benefits

The panel will review these and other relevant matters:

  • Business valuation concepts and methods
  • Whether a business is a marital asset
  • How to transfer some of the value between spouses
  • Whether stock options are marital assets with a value that can be determined
  • How to transfer stock option value between spouses

Faculty

Meriwether, Patrick
Patrick (Leh) Meriwether

Partner
Meriwether and Tharp

Mr. Meriwether co-founded Meriwether & Tharp with Robert Tharp in 1998. In 2009, the partners decided to focus the...  |  Read More

Snell, Victoria
Victoria Snell

Atty
Meriwether and Tharp

Ms. Snell has honed one of her major professional strengths which is uncovering a client’s needs and negotiating...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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