Marital Dissolution and Equitable Distribution

When divorce happens, emotions usually run high. Key concerns are often money and property values, economic equality and future sustainability. The parties may have many years of employment, own several businesses, and have investments, each presenting specific challenges in equitable distribution. CapVal-ABA assists individuals facing divorce and their attorneys with marital dissolution and equitable distribution services that include, but are not limited to, determining the value of options, pensions and other retirement accounts, an operating business and the associated ownership interest, or investments held within a holding company or independently. We have expertise in highly contested divorce, as well as mediation, collaborative and other negotiations.

Many of our Members are Certified Public Accountants, but as appraisers, we look far beyond the statements to the economic reality of the business interest, delve into the payout details of pension plans, and perform thorough examinations of stockholder and operating agreements. In addition, we have forensic analysis experience and, with our breadth of knowledge relating to business appraisals, we can help distinguish between cash flow of an operating business that may be weak as a result of poor economic conditions and cash flow which has been diminished in reality or in representation as a result of intentional tactics.

We are fully versed in the use of coverture fractions, capital gains tax issues, and Standards of Value that answer the questions of “value to whom and under what circumstances”; we can assist in the analysis of the overall marital estate and property division and help you avoid problems associated with “double dipping”. Our services can be used in litigation, mediation, collaborative divorce, and other negotiations. When parties want to settle efficiently and desire a transparent process, we are often hired jointly by the divorcing couple. In these cases, we normally prepare a limited appraisal, also known as a Calculation of Value. In litigated cases, the scope of our work provides an Opinion (or Conclusion) of Value that is suitable for testimony. Regardless of the level of conflict, we can help attorneys and their clients proceed confidently through the divorce process.