Financial Analysis for Divorce and Marital Dissolution in Utah

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 Utah: 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.

Utah courts and expert standards

Utah courts require a threshold showing that an expert's principles and methods are reliable, rest on sufficient facts, and were reliably applied to the case, with the witness qualified by training and experience, and leave the remaining questions of weight to the jury. An economic damages report meets that threshold by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Utah Supreme Court. Federal venues: D. Utah. Court system: utcourts.gov.

Legal framework

Whether Utah 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 Utah; the governing framework in Utah 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 Utah

Frequently asked: divorce and marital dissolution cases in Utah

Which Utah courts hear divorce and marital dissolution cases?

Divorce and Marital Dissolution cases venued in Utah are heard in the District Court (General jurisdiction; 8 judicial districts; all civil, criminal, domestic, and juvenile matters). Final appeals run to the Utah Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Utah.

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

Whether Utah 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. Utah courts require a threshold showing that an expert's principles and methods are reliable, rest on sufficient facts, and were reliably applied to the case, with the witness qualified by training and experience, and leave the remaining questions of weight to the jury. An economic damages report meets that threshold by showing the published basis for each assumption and its fit with the record.

More questions about divorce and marital dissolution analysis

References

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