BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, December 7, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will address questions about distributing the appreciated value of assets in a divorce, property division, and best evidence strategies. The program will discuss how to assert a claim to the appreciation of separate assets, including burdens of proof for demonstrating passive and active appreciation.

Faculty

Kelly L. Burris
Senior Litigation Partner
Cordell & Cordell

Ms. Burris has settled and litigated complex custody cases and property cases involving multi-million dollar estates. She has also successfully litigated child custody relocation cases.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Josh Shilts
Forensic & Valuation Services Director
Dean Dorton Allen Ford, PLLC

Mr. Shilts is an industry-leading expert in forensic accounting and business valuation (“FVS”), a thought leader, educator, and entrepreneur who assists attorneys, individuals, and businesses with complex financial matters and disputes. A focused problem-solver, he is equal parts expert, sleuth, and engaging communicator who thrives on the challenges and demands of his career. Mr. Shilts has held roles with public accounting firms ranging in size from the “Big Four” to smaller regional and local firms, as well as large public organizations throughout Florida and New York. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Dan Branch
Partner
IAG Forensics & Valuation

Mr. Branch's practice focuses on  financial advisory and business valuation services, specifically in consulting projects related to litigation support, financial reporting, tax reporting, and transactional support. His experience includes business valuations for fairness opinions for planned public company acquisitions, valuing closely held businesses (under ASC 718/§409A), public company intangible assets impairment testing (under ASC 350) and purchase price allocations (under ASC 805), and ESOPs. He is CPA, holds the ABV certification from the AICPA, and also holds the ASA designation in business valuation from the American Society of Appraisers.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

When attempting to divide assets in a divorce equitably, one issue that creates difficulties is the appreciation of property--any appreciation that may have accrued during the marriage or while the divorce is pending.

The title to the asset does not control who is entitled to the appreciation. This determination depends on the asset's value at different times, when the increased value occurred, and why. Counsel must understand the difference between increases in value arising from passive and active efforts, direct and indirect efforts, and what some courts call tangential versus foundational contributions.

The party claiming appreciation usually bears the burden of proof to justify an award. Courts have developed various tests that the non-titled spouse must navigate to recover appreciated value, but the decisions are often unclear. Counsel should be familiar with the types of evidence needed.

Listen as this experienced panel of family lawyers reviews the recurring issues and best strategies for ascertaining, valuing, and equitably dividing property appreciation in a divorce.

Outline

  1. Distinguishing separate and marital property
    1. Active and passive appreciation
    2. Direct and indirect contributions
    3. Tangential and foundational contributions
  2. Burdens of proof
  3. Nature of evidence
  4. Set off, recoupment, taxes

Benefits

The panel will review these and other significant issues:

  • What constitutes "active efforts" of a spouse and how are they proven?
  • What are the relevant dates of valuation?
  • Do courts account for future appreciation and future tax consequences?
  • What happens when the worth of marital property changes after the date of separation?
  • What happens when a spouse may have caused an asset or different assets to depreciate?