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

or call 1-800-926-7926
Program Materials

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.

Description

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.

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Outline

  1. Standards of value
  2. Valuation approaches
  3. Alimony and equitable distribution
  4. Double dipping and small businesses
  5. Identifying and distinguishing between assets and income
  6. State court approaches to the double dip
  7. Arguments to be made for and against the double dip
  8. Negotiating and structuring settlements

Benefits

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?

Faculty

Neil Cahn
Neil Cahn

Principal
Neil Cahn

Mr. Cahn’s practice is concentrated in divorce in both family and business settings. He represents clients with...  |  Read More

Anne Marie Jackson
Anne Marie Jackson

Principal
Ain & Bank

Ms. Jackson's practice focuses exclusively on family law, including litigation, negotiation, appellate work,...  |  Read More

Stephanie Hyland
Stephanie Hyland

Litigation Services, Director
EisnerAmper

Ms. Hyland is a Director in the firm’s Forensic, Litigation and Valuation Services Group. With over 15 years...  |  Read More

Other Formats
— Anytime, Anywhere

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:

CLE On-Demand Video

$197

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