Topic
Equitable Distribution
186 published works
Pennsylvania Family Law
ASSET OR INCOME; THE DISABILITY POLICY CONUNDRUM
Since the inception of equitable distribution in Pennsylvania on July 1, 1980 the law has consistently been that courts have power to divide marital property. With certain exceptions for gifts…
South Florida Trial Practice
Which Valuation Methodology do Florida Courts Use During a Divorce?
There are many different methods of valuing property. One of the more common methods, and one easily understood, is the fair market approach. Under this method, an item is valued…
New Jersey Law Blog
How Do You Equitably Distribute A Closely Held Business Interest Owned Prior to Marriage
Not all assets in a divorce case are easy to value, especially if an asset was owned by a party prior to the marriage. For example, assume the Husband has…
South Florida Trial Practice
In a Florida Divorce, What is the Date Used to Value a Marital Asset?
In a divorce proceeding, a court distributes marital assets through equitable distribution. It is important that the assets receive a correct valuation. The receipt of an overvalued asset through equitable…
Virginia Family Law Journal
Court Should Not Have Reopened Case To Equitably Divide Account Receivable Of Real Estate Holding Company.
By Rob Hagy
In the case of Cabral v. Cabral, the Virginia Court of Appeals, in a published opinion, ruled that the trial court committed an error by reopening a case and equitably…
South Florida Trial Practice
Understanding Equitable Distribution in a Florida Divorce
One of the objectives in a divorce proceeding is to distribute marital assets. Florida Statute § 61.075 titled “Equitable Distribution of Marital Assets and Liabilities” lists factors the trial court…
New Jersey Law Blog
What Percentage of a Business Subject to Equitable Distribution is a Non-Owning Spouse Entitled To?
Once the value of a business interest is established for equitable distribution purposes, the percentage interest attributable to the non-owning spouse must then be determined. There is no rule of…
New Jersey Law Blog
Equitable Distribution of Professional Practices
As with all businesses in a divorce case, a professional practice must be valued for equitable distribution purposes. Valuations of professional practices (lawyers, doctors, dentists, etc.) differ somewhat from the…
New Jersey Law Blog
Business Evaluations in Divorce Cases Must Reflect Fair Value, Not Fair Market Value
Fair market value is the amount for which a property would be sold in a voluntary transaction between a willing buyer and a willing seller. It is important that neither…
Virginia Family Law Journal
Charlottesville Divorce and Equitable Distribution Lawyer: Court’s Equitable Distribution Award Reversed.
By Rob Hagy
In the case of Hughes v. Hughes, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court erred and reversed the trial court's equitable distribution award…