Family Law Question of the Week
Sunday, July 6
Question:
What date of valuation does a Court typically use? Is it the date of the divorce
trial or the date the divorce action was commenced?
Answer:
It depends on whether the asset is an active asset or a passive asset.
An active
asset such as a business or a pension which is the result of one of
the spouse’s efforts is generally valued as of the commencement date of
the divorce action.
On the other hand, a passive asset such as a house or a stock
account in which deposits are not made subsequent to the commencement date
are typically valued
as close to the trial date as possible.
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all areas of family law to Russell I. Marnell, P.C. to be answered and shown
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