Divorce: Dividing Asset Appreciation, Proving and Valuing Passive vs. Active Efforts
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will address questions about distributing the appreciated value of assets in a divorce, property division, and best evidence strategies. The program will discuss how to assert a claim to the appreciation of separate assets, including burdens of proof for demonstrating passive and active appreciation.
- Distinguishing separate and marital property
- Active and passive appreciation
- Direct and indirect contributions
- Tangential and foundational contributions
- Burdens of proof
- Nature of evidence
- Set off, recoupment, taxes
The panel will review these and other significant issues:
- What constitutes "active efforts" of a spouse, and are they proven?
- What are the relevant dates of valuation?
- Do courts account for future appreciation and future tax consequences?
- What happens when the worth of marital property changes after the date of separation?
- What happens when a spouse may have caused an asset or different assets to depreciate?
Josh Shilts, CPA/ABV/CFF/CGMA, CFE
Mr. Shilts provides law firms, corporations, individuals, trustees, receivers and government entities with expert... | Read More
Mr. Shilts provides law firms, corporations, individuals, trustees, receivers and government entities with expert analysis of financial issues resulting from judicial proceedings, regulation, and strategic decisions.Close
Daniel M. Serviss
Greenbaum Rowe Smith & Davis
Mr. Serviss concentrates his litigation practice on matrimonial and family law. He has extensive experience in all... | Read More
Mr. Serviss concentrates his litigation practice on matrimonial and family law. He has extensive experience in all aspects of family law practice, including divorce, prenuptial agreements, business and other asset valuations, custody and visitation, child support, alimony, equitable distribution, and domestic violence matters. Mr. Serviss provides representation at trial and in mediations and arbitrations, including post-judgment enforcement and modification proceedings.Close