The authors share personal stories regarding the challenges they have faced in cases that involve people with diagnosed and undiagnosed narcissists disorders. Men and women with this disorder are especially challenging and the authors share what they have learned to mitigate the damage a person with this disorder may have in a case. My (Michele’s) path into the world of divorce finance did not begin with spreadsheets, balance sheets, or courtrooms—it began with my own personal experience. Like many others in this field, my journey was shaped by real-world challenges, which gave me the passion and drive to help others.…
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When You are Retained by Counsel for the Out-Spouse Valuing private equity and hedge fund general partner interests is a complex matter. Valuing them in a divorce proceeding can be an even more complex matter. The focus of this article is to share the challenges valuators may face when engaged to value general partner interest in private equity and hedge fund businesses in divorce matters when NOT engaged by the business owner’s legal counsel. Valuing private equity and hedge fund general partner interests is a complex matter. Valuing them in a divorce proceeding can be an even more complex matter.…
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An Option to Full-Blown Litigation This article is the first of a multi-part series wherein I will provide the broad strokes of the Collaborative Process and continue with examples of engagements wherein the process has been used (both successfully and unsuccessfully). For the first two years of my practice (2013 through 2015), I worked almost exclusively in pre-nuptial agreements and divorce, mostly in business valuation services and litigation support. These first two years, as is likely the case for many sole proprietors, were from a professional perspective, the most significant for me and the future operations of my company. It…
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VPS StraightTalk Webinar, June 22, 2022 On June 22, 2022, VPS StraightTalk Webinar held a webinar that featured Marc Bello. This article summarizes the issues presented in the webinar, “Understanding Complex Compensation in Marital Divorce.” “Understanding Complex Compensation in Marital Divorce” by Marc Bello, CPA, ABV, CVA, MST, Partner with Edelstein & Company, LLP, was broadcast by VPS StraightTalk Webinar, June 22, 2022. The type of compensation discussed consisted of equity-based compensation plans, such as non-qualified deferred compensation plans, stock options, restricted stocks, supplemental executive retirement plans (SERPs), and performance awards. The program was ideally suited to business valuation professionals…
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It is Not Just for Divorce Anymore Personal and enterprise goodwill are not just relevant in marital dissolution cases; they are important considerations in bankruptcy, tax, business succession planning, execution of buy-sell agreements, and transactional matters. These other matters present practitioners with additional ways of differentiating their services. In this article, the author shares the importance and opportunity of recognizing the other ways goodwill becomes a factor and the opportunity this realization presents practitioners. Perhaps the title to this article may be a bit misleading since it implies that goodwill is only newly relevant in applications outside of family law.…
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Operating v. Non-Operating Assets With the growth of the digital economy, new types of assets have emerged that may be subject to property division in divorce. An increasingly common example is credit card reward points. No one may actually “own” these points, since the written agreements for rewards programs commonly state that points are not the cardholder’s property, have no cash value, and cannot be transferred through a legal action (such as divorce). Even so, the points (which can be redeemed for cash, travel, merchandise, etc.) arguably have some value to the cardholder and thus can be considered marital property.…
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What Do We Do Moving Forward in Time? The coronavirus and the events unleashed by the outbreak were unforeseeable to professionals preparing reports as of the end of 2019. What do we, as valuation and litigation support professionals, do moving forward in time when we are engaged to value a business? Here, the author, Ron Rudich, answers these questions. Gary R. Trugman wrote in his tome, Understanding Business Valuation, A Practical Guide to Valuing Small to Medium-Sized Businesses, Second Edition, beginning on page 510, the following: Valuation as of a Specific Date A business valuation is similar to a balance…
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Ownership Interests in Privately Held Companies This article focuses on concepts and issues that are important for family law attorneys to understand when navigating cases that involve divorcing clients with ownership interests in privately-held entities. One of the first questions that arises is whether we need to retain a valuation expert? This is an important question, where experts can provide attorneys and the parties important guidance and address expectations, preferably early in this emotional process. [su_pullquote align=”right”]Resources: Corporate Divorce Litigation—Understanding its Dynamics and Formulating Solutions Resolving Family Law Disputes The Power of Neutrality in Resolving Family Law Disputes Valuation Issues…
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The surprise split of Amazon CEO Jeff Bezos and his wife MacKenzie puts advisors on alert: Are you prepared with appropriate retirement and tax advice if your clients divorce? It’s unlikely that Bezos will have to crack open his Amazon 401(k) or IRA to get through this event. But for your average client, that’s exactly where most of their wealth may be. To read the full article in Financial Planning, click: Tax Traps for Divorcing Clients.
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After Dec. 31, spouses responsible for paying alimony won’t get a tax deduction, due to a change under the Tax Cuts and Jobs Act. To read the full article in Financial Planning, click: Hurry Up—Get Your Clients Divorced.
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Retirement assets received in a divorce settlement may be available to creditors, a federal court has ruled. The decision may have far-reaching consequences for clients. To read the full article in Financial Planning, click: Another Crack in Bankruptcy Protection for Clients.
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Debunking Myths and Getting the Numbers Right The author discusses various methods used to trace property; techniques that are used in connection with marital dissolutions.
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In re Marriage of Schneeweis, 2016 IL. App. 2d No. 140147 Marital law varies from jurisdiction to jurisdiction. In this article, Daniel R. Stefani discusses a recent Illinois Appellate Court case where the issue before the court was whether husband dissipated assets. The term dissipation is defined and the question raised is how much information do you share with your spouse and how that can impact an equitable division of marital property.
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in a Divorce Proceeding Not all is fair in love and war when it comes to the fight for business records within a matrimonial action. When one spouse is denied adequate discovery, his or her case can quickly begin to unravel. Usually, some records are available either because the spouse had some previous access or there was a partial document production. Business appraisers should consider all appropriate means to obtain needed discovery. Failing to obtain sufficient, reliable discovery can ultimately result in the production of a report that is incorrect and/or rejected by the courts.
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The Emergence of the Transitional Support Advisor Following a divorce, how does a financially naïve former spouse transition to become a financially independent former spouse? In this article, the author discusses what is a Transitional Support Expert and that professional’s role in a dissolution proceeding and following entry of the decree.
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Full Disclosure to Equitably Settle Marital Disputes An important step in the divorce process is reviewing and disclosing financial matters. In this step, both parties are typically required to prepare and sign their respective financial affidavits. In matrimonial matters, a financial affidavit represents a sworn written statement of a spouse’s assets, liabilities, income, and expenses. The information disclosed in a financial affidavit typically represents a snapshot of an individual’s finances at a point in time, or, with respect to the income and expenses, represents the financial activities over a relatively short time period. In this article, the author describes the…
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A Drop-Dead Plan for the Unprepared In this article, Edward Mendlowitz shares his views regarding the importance of having a buy-sell agreement. He proposes a “drop-dead plan” or method that, while imperfect, addresses how owners can arrive at an initial value that does not necessarily require a Conclusion of Value, especially if the owners are not related. Significantly, Mendlowitz stresses the importance of securing an agreement that addresses major life events to get the process started.
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The Trouble for the Innocent Spouse with the IRS and State Tax Authorities Spouses that unwittingly sign a state or federal tax return may be held joint and severably liable for underpaid taxes. The expanded innocent spouse relief provides potential relief, but that relief takes time and requires extensive documentation.
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Do shareholders and boards have a reason to be concerned when a CEO separates or gets divorced? This is the question being asked in a fascinating white paper titled, Separation Anxiety: The impact of divorce on shareholders by David F. Larcker, Allan L. McCall and Brian Tayar of Stanford University Graduate Business School. The paper is part of the Rock Center for Corporate Governance at Stanford University Closer Look Series: Topics, Issues and Controversies in Corporate Governance and Leadership. Under investigation are three potential ways in which a CEO divorce might impact a corporation and its shareholders. These include:…
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Forensic professionals endure trench warfare Discovery provides a window of opportunity to gather evidence and develop expert reports. A trained forensics professional can ascertain whether cash deposits were all accounted for or secreted. It is advisable and well worth the time, trouble, and money to retain a forensic professional to conduct an analysis.