KW Economics prepares financial analyses for divorce and marital dissolution matters venued in Montana: 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.
Montana courts apply a reliability inquiry to novel scientific evidence and otherwise ask whether the economist is qualified by training and experience and whether the opinion will help the fact finder, leaving the weight of the testimony to cross-examination. An economic damages report is therefore examined on its inputs: whether each rate, table, and assumption traces to the record and to a published source.
Highest court: Montana Supreme Court. Federal venues: D. Mont. Court system: courts.mt.gov.
Whether Montana 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 same four steps apply to a divorce and marital dissolution matter venued in Montana; the governing framework in Montana decides how each finding is applied.
Divorce and Marital Dissolution cases venued in Montana are heard in the District Court (General jurisdiction; one district in each of 56 counties). Final appeals run to the Montana Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Montana.
Whether Montana 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. Montana courts apply a reliability inquiry to novel scientific evidence and otherwise ask whether the economist is qualified by training and experience and whether the opinion will help the fact finder, leaving the weight of the testimony to cross-examination. An economic damages report is therefore examined on its inputs: whether each rate, table, and assumption traces to the record and to a published source.
Request a consultation on divorce and marital dissolution cases in Montana or call (201) 343-0700. Plaintiff and defense counsel.