Financial Analysis for Divorce and Marital Dissolution in Virginia

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 Virginia: 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.

Virginia courts and expert standards

Virginia has no formal gatekeeping standard for expert testimony; the court asks whether the economist is qualified by training and experience, whether the opinion rests on an adequate factual foundation rather than speculation, and whether the method is reliable, and it excludes an opinion whose assumptions the record does not support. An economic damages report is therefore built so that each input traces to the record and each rate and table to a published source.

Where these cases are heard

Highest court: Supreme Court of Virginia. Federal venues: E.D. Va., W.D. Va. Court system: vacourts.gov.

Legal framework

Whether Virginia 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 Virginia; the governing framework in Virginia 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 Virginia

Attorney guides for divorce and marital dissolution cases

Other case types in Virginia

Frequently asked: divorce and marital dissolution cases in Virginia

Which Virginia courts hear divorce and marital dissolution cases?

Divorce and Marital Dissolution cases venued in Virginia are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, domestic relations, equity) and the Juvenile and Domestic Relations District Court (All matters involving minors and domestic relations). Final appeals run to the Supreme Court of Virginia. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Virginia and Western District of Virginia.

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

Whether Virginia 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. Virginia has no formal gatekeeping standard for expert testimony; the court asks whether the economist is qualified by training and experience, whether the opinion rests on an adequate factual foundation rather than speculation, and whether the method is reliable, and it excludes an opinion whose assumptions the record does not support. An economic damages report is therefore built so that each input traces to the record and each rate and table to a published source.

More questions about divorce and marital dissolution analysis

References

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