A business is often the most valuable asset owned by either party: its proper valuation can be critical to the outcome of a case. The authors analyze the Market Value, Asset-Based and Income Approaches and also the division of assets. Valuation also affects other issues: inherent in a court award of the business to the operating spouse, and tangible assets to the non-operating spouse, is the expectation that the future income of the business will be the source of child support, spousal support or both.
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Table of Contents
G1 Point of View
G2 Underlying Premises of Business Valuation in Family Law Matters
G3 Overview of Business Appraisal Process
G4 Pretrial Considerations
G5 Fiduciary and Disclosure Duties Postseparation
G6 Protective Orders and Other Protective Measures
G7 Expert Discovery: Finding Out What the Other Expert Has to Say
G8 Evidentiary Issues
G9 Valuation Considerations
G10 Elements of Business Valuation
G11 Valuation Issues Unique to Family Law
G12 Disposition of Business Assets: Who Gets the Business?
G13 Equitable Apportionment
G14 Where Do We Go from Here?
IndexSubject Matter and Major Case