Financial Analysis for Divorce and Marital Dissolution in American Samoa

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares financial analyses for divorce and marital dissolution matters venued in American Samoa: income available for support, the value of business interests in the marital estate, and the tracing of separate and marital funds, each presented so that either spouse or the court can examine the figures.

A divorce or marital dissolution matter asks what income each spouse has available for support, what the marital assets, including any business interest, are worth for the division of the estate, and which assets are separate rather than marital. Each is answered from the business books, tax returns, and account histories rather than from the tax return alone. Read the full divorce and marital dissolution analysis guide.

American Samoa courts and expert standards

The High Court of American Samoa applies rules of evidence modeled on the federal rules, so expert testimony is examined for the witness's qualification, the reliability of the method, and its application to the facts of the case, with the details of the inquiry for counsel to confirm. A damages report meets that examination by stating each assumption and naming its source, including any mainland benchmark it borrows.

Where these cases are heard

Highest court: High Court of American Samoa, Appellate Division.

American Samoa has no separate supreme court and no local U.S. district court; the High Court exercises limited federal jurisdiction, and other federal matters are generally heard in the U.S. District Courts for the District of Hawaii or the District of Columbia.

Legal framework

Whether American Samoa divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position.

How the analysis is built

The same four steps apply to a divorce and marital dissolution matter venued in American Samoa; the governing framework in American Samoa decides how each finding is applied.

  1. Normalize the business's cash flow for owner compensation, personal expenses paid through the business, related-party dealings, and non-recurring items, listing each adjustment with its source.
  2. Value the business or practice as of the date the governing framework requires, under the income, market, and asset approaches as the facts support, and address personal and enterprise goodwill where the framework distinguishes them.
  3. Determine each spouse's income available for support from the same normalized statements, including distributions, perquisites, and cash flow retained in the business beyond reported salary.
  4. Trace separate property through the account statements step by step, classify commingled funds under the framework counsel identifies, and reduce pensions and deferred compensation to present value with the assumptions stated.

Attorney guides for divorce and marital dissolution cases

Other case types in American Samoa

Frequently asked: divorce and marital dissolution cases in American Samoa

Which American Samoa courts hear divorce and marital dissolution cases?

Divorce and Marital Dissolution cases venued in American Samoa are heard in the High Court of American Samoa (Trial Division) (Principal general jurisdiction trial court for local civil and criminal matters) and the District Court of American Samoa (Lower local court handling minor civil and criminal matters). Final appeals run to the High Court of American Samoa, Appellate Division. American Samoa has no separate supreme court and no local U.S. district court; the High Court exercises limited federal jurisdiction, and other federal matters are generally heard in the U.S. District Courts for the District of Hawaii or the District of Columbia.

How does American Samoa's family-law framework shape the financial analysis?

Whether American Samoa divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position. The High Court of American Samoa applies rules of evidence modeled on the federal rules, so expert testimony is examined for the witness's qualification, the reliability of the method, and its application to the facts of the case, with the details of the inquiry for counsel to confirm. A damages report meets that examination by stating each assumption and naming its source, including any mainland benchmark it borrows.

More questions about divorce and marital dissolution analysis

References

Request a consultation on divorce and marital dissolution cases in American Samoa or call (201) 343-0700. Plaintiff and defense counsel.