KW Economics prepares business valuation for divorce and marital dissolution matters venued in Florida: the income, valuation, and tracing questions the matter raises, the records that answer them, and a presentation built to the way Florida courts decide them. Either party.
In a divorce the business valuation is usually the largest and most contested figure in the marital estate, and the valuation date, the treatment of personal goodwill, and the normalization of owner compensation move it materially. The economist normalizes the financial statements for owner compensation, personal expenses, and non-recurring items, values the business under the standard the domestic relations framework applies, and addresses personal and enterprise goodwill where the framework requires the distinction. The same normalized statements support the income determination for support, so the two analyses reconcile.
Valuation of closely held businesses and ownership interests for shareholder and partnership disputes, divorce, estate and gift matters, and buy-sell disagreements. The work applies the income, market, and asset approaches under the standard of value that governs the matter, addresses discounts for lack of control and marketability where they apply, and documents every input so the conclusion can be tested on cross-examination.
The business valuation is usually the largest and most contested figure in the marital estate, and the valuation date, the standard of value, the treatment of personal and enterprise goodwill, and the normalization of owner compensation each move it materially. Income available for support for a self-employed spouse can differ substantially from the reported figure once personal expenses paid by the business and cash flow retained in it are considered, and the owner compensation adjustment has to be carried consistently into the valuation and the income determination, because the same stream of earnings appears in both. Tracing outcomes depend on the completeness of the account records and on how the governing framework, whether equitable distribution or community property, treats commingled funds and the appreciation of separate assets during the marriage.
Florida courts apply a reliability inquiry to expert testimony: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and on reliable principles and methods, and whether those methods were applied reliably to the facts of the case. A damages report is written to that standard, with each rate and table traced to a published source.
Highest court: Florida Supreme Court. Court system: flcourts.gov.
Federal venues: Northern District of Florida, Middle District of Florida, Southern District of Florida.
Whether Florida 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.
We issue the final report and provide deposition and trial testimony and critique of opposing valuation reports.
The same four steps apply to a divorce and marital dissolution matter venued in Florida; the governing framework in Florida decides how each finding is applied. 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. 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. 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. 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.
Florida courts apply a reliability inquiry to expert testimony: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and on reliable principles and methods, and whether those methods were applied reliably to the facts of the case. A damages report is written to that standard, with each rate and table traced to a published source. Divorce and Marital Dissolution cases venued in Florida are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, family law, probate), with final appeals to the Florida Supreme Court. Matters within federal jurisdiction proceed in the Northern District of Florida, Middle District of Florida, and Southern District of Florida.
Whether Florida 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 report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Florida rules to a documented figure.
Request a consultation on Business Valuation or call (201) 343-0700. Plaintiff and defense counsel.