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.
Questions we will address include the following:
• What are common rationales for each viewpoint on the possibility of double dipping?
• Does the valuation method matter?
• Does the differing treatment of personal vs. professional goodwill as a marital asset by the states enhance or mitigate the issue?
• What are some of the considerations that may suggest the existence of personal or enterprise goodwill in a valuation assignment?
• What are some possible frameworks to quantify the different types of goodwill?
• How have perspectives across the U.S. on these issues evolved over time?