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Forensic & Valuation Services Conference 2016


48 - Asset, Income or Both? - Analysis of the Double Dip Quandary


Nov 7, 2016 1:40pm ‐ Nov 7, 2016 2:55pm

Standard: $49.00

Description

Courts across the U.S. have split on whether double (or sometimes triple) dipping may occur or exist in determining spousal support and division of marital assets. The “double dip” issue questions whether the same earnings stream should be used both in the valuation of an asset and as income available for support. A related topic is the treatment of personal and enterprise goodwill and the consideration of one, both or none in the marital estate. Case law on both topics is divided across the U.S. Attendees will learn:

  • What the common rationales for each viewpoint on the possibility of double dipping
  • Whether or not the valuation method and standard of value matters
  • Determine which assets are potentially subject to the claim of double dipping
  • Whether the differing treatment of personal vs. professional goodwill as a marital asset by the states enhances or mitigates the issue
  • How an analysis of reasonable compensation impacts the measurement
  • About possible frameworks to quantify the different types of goodwill
  • How perspectives across the U.S. on these issues have evolved over time

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