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  • Writer's pictureDaniel Basch, MBA, CPA, CVA

Key Considerations for Requesting a Business Valuation in Divorce Proceedings in New York State




When navigating the complexities of a divorce, particularly in New York State, understanding how to approach a business valuation is critical. This guide delves into the essential factors to consider, ensuring you're well-prepared for this crucial aspect of divorce proceedings.


Understanding Business Valuation in Divorce A business valuation during divorce proceedings requires precision and expertise. The valuation determines the fair market value of business assets for equitable distribution. In New York, this process is governed by specific legal frameworks, making it imperative to understand the state’s approach to such valuations.


Choosing the Right Valuation Expert Selecting a qualified valuation expert is pivotal. Credentials like Accredited in Business Valuation (ABV) or Certified Valuation Analyst (CVA) are indicators of a capable professional. Their role is not just to provide a valuation but to ensure it aligns with New York State's legal standards.


The Impact of Valuation Date The valuation date is a key factor in determining a business’s value. In New York, the norm is to use the date of the commencement of the divorce action. However, exceptions can arise, impacting the final valuation.


Diverse Valuation Methods Different methods are employed in business valuation - income, market, and asset approaches. Each has its relevance, chosen based on the nature and financial details of the business in question.


Understanding Goodwill Goodwill, both enterprise and personal, can significantly affect a business’s valuation in a divorce. It’s essential to distinguish between these types of goodwill, as they can greatly influence the assessed value.


Marital vs. Separate Property In New York State, the distinction between marital and separate property is crucial in valuations. Assets acquired during the marriage are typically considered marital property, impacting the valuation process.


Forensic Analysis in Valuations In certain cases, especially when financial transparency is in question, a forensic analysis might be necessary. This step ensures all assets and income are accounted for in the valuation.


Legal Framework in New York State Understanding the legal considerations surrounding business valuations in divorce cases in New York is essential. Each state has its nuances, and New York is no exception.


Navigating a business valuation in a New York State divorce requires careful consideration and expert guidance. By understanding these key factors and working with the right professionals, you can ensure a fair and equitable process.


For more information or to request a business valuation, visit our website. Our team of experts is equipped to provide you with the guidance and support needed for accurate and fair business valuations in divorce proceedings.

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