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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 Thursday, February 6, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare family law counsel to 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 outline strategies for structuring settlements.

Description

In many divorces, a business owned by one spouse is the most valuable asset and presents the most challenging property division issue. A business categorized as both marital property subject to equitable distribution and 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 entirely 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 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 provide 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

Hyland, Stephanie
Stephanie Hyland, ASA, CFE

Consultant
Asterion

Ms. Hyland has worked in the field of forensic, litigation and valuation services for over 17 years. Her background...  |  Read More

Cahn, Neil
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

Thomas, Benjamin
Benjamin P. Thomas

Director
Alvarez & Marsal

Mr. Thomas specializes in economic damages, litigation support, and valuation for purposes of insurance and litigation...  |  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

Download

$197