Financial Analysis for Divorce and Marital Dissolution in New York

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 New York: 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.

New York courts and expert standards

New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

Where these cases are heard

Highest court: Court of Appeals. Federal venues: S.D.N.Y., E.D.N.Y., N.D.N.Y., W.D.N.Y. Court system: iapps.courts.state.ny.us.

Legal framework

Whether New York 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 New York; the governing framework in New York 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.

Experts serving New York

Attorney guides for divorce and marital dissolution cases

Other case types in New York

Frequently asked: divorce and marital dissolution cases in New York

Which New York courts hear divorce and marital dissolution cases?

Divorce and Marital Dissolution cases venued in New York are heard in the Family Court (Matters involving children and families; custody, support, neglect, juvenile delinquency), the Supreme Court (General jurisdiction trial court for major civil cases and felonies; one in each county), and the County Court (Outside New York City; felonies and mid-sized civil cases). Final appeals run to the Court of Appeals. Matters within federal jurisdiction proceed in the United States District Courts for the Southern District of New York, Eastern District of New York, Northern District of New York, and Western District of New York.

How does New York's family-law framework shape the financial analysis?

Whether New York 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. New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

More questions about divorce and marital dissolution analysis

References

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