Double Dipping and Business Valuation in Divorce: Navigating Equitable Distribution and Spousal Support
Recording of a 90-minute CLE webinar with Q&A
Conducted on Wednesday, January 18, 2017
Recorded event now available
This CLE webinar will help family law counsel navigate the complex issue of double dipping in business valuation. The panel will discuss the relationship between business valuation and double dipping, offer guidance on identifying and distinguishing between assets and income, review the differing judicial approaches to double dipping and asset distribution, and offer strategies for structuring settlements.
In many divorces, a business owned by one spouse is the most valuable asset and presents the most difficult property division issue. A business categorized as both marital property subject to equitable distribution and again as an income stream to determine a spousal award presents thorny issues of double dipping (also referred to as double counting).
Courts are divided on whether and when double dipping is permissible and can achieve an equitable outcome. Some jurisdictions completely allow or prohibit double dipping, while others take a case-by-case approach and consider the facts and circumstances of each divorce.
Listen as our panel of family law practitioners and a business valuation expert discusses the complex issue of double dipping in business valuation. The panel will discuss the relationship between business valuation and double dipping, offer guidance on identifying and distinguishing between assets and income, review the differing judicial approaches to double dipping and asset distribution, and offer strategies for structuring settlements.
- Standards of value
- Valuation approaches
- Alimony and equitable distribution
- Double dipping and small businesses
- Identifying and distinguishing between assets and income
- State court approaches to the double dip
- Arguments to be made for and against the double dip
- Negotiating and structuring settlements
The panel will review these and other key issues:
- Which valuation methods can result in double dipping?
- How do courts consider future profits when evaluating settlements and awards?
- How can excess compensation and reasonable compensation be treated to achieve an equitable result?
- How do courts treat goodwill in evaluating property division and spousal support?
Neil Cahn, Principal
Carle Place, N.Y.
Mr. Cahn’s practice is concentrated in divorce in both family and business settings. He represents clients with issues relating to the division of property, spousal and child support issues; custody, visitation and other parenting issues, and estate disputes. He is involved with the dissolution of business entities, disputes between partners or other co-owners, employer/employee issues, and similar matters. Mr. Cahn has served on the Hofstra Law School Adjunct Faculty, and written and lectured for the State University of New York, various bar associations and professional organizations, as well as other lay groups.
Anne Marie Jackson, Principal
Ain & Bank,
Ms. Jackson's practice focuses exclusively on family law, including litigation, negotiation, appellate work, and collaborative law. She has given presentations and authored on a variety of family law issues. She is an American Academy of Matrimonial Lawyers Fellow.
Stephanie Hyland, Litigation Services, Director
Ms. Hyland is a Director in the firm’s Forensic, Litigation and Valuation Services Group. With over 15 years of experience, her background includes business valuations, matrimonial disputes, commercial litigation and forensic investigations. Ms. Hyland has experience valuing businesses in a variety of industries within the context of matrimonial litigation, shareholder disputes, sales and acquisitions, and estate and gift tax purposes. In addition, she has experience in forensic accounting, damage assessments, tracing of assets, lifestyle analysis and income analysis.
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