The breakup of a marriage or relationship is an emotionally and financially turbulent time. Are you prepared to truly represent the best financial interests of your clients on paper, in the negotiating room, and even, if necessary, on the witness stand? Divorce and Domestic Relations Litigation: Financial Adviser’s Guide is both a training guide and a reference tool to help you and your firm navigate within this delicate terrain. Covering everything from the preparatory tasks and responsibilities of the financial adviser to ways to ensure that the final dissolution is equitable and satisfying, it will tell you everything you need to know, alert you to common trouble spots, and ensure that your clients receive the rock–solid support and guidance they need during this otherwise stressful time.
Praise for Divorce and Domestic Relations Litigation:
"What is striking [about Divorce and Domestic Relations Litigation] is the clear, straightforward style. This book should have many audiences beyond just the financial community. The discussion of legal process would be helpful to the general public, clients, law students, and practicing attorneys. The book’s major strength is readability. To make the legal process clear is an art form."
David P. Levin
Attorney, mediator, and court administrator
1. THE FINANCIAL ADVISER′S IMPACT ON DIVORCE LITIGATION.
Nature and Administration of the Practice.
State of Law.
Initial Meetings with Counsel or the Client.
Tracing of Assets.
Division of Property.
2. THE FINANCIAL ADVISER′S ROLE IN DIVORCE LITIGATION.
The Financial Adviser′s Role.
The Divorce Process.
3. THE DETERMINATION AND TAXATION OF DIVORCE PROPERTY DIVISIONS.
Property Theory and Issues.
Taxation of Property Transfers.
Redemption of Stock in a Closely Held Corporation.
4. THE VALUATION OF BUSINESSES IN DIVORCE LITIGATION.
Analysis of the Business.
Control versus Minority Interests and Other Discounts and Premiums.
Determination of Value.
5. THE VALUATION AND DIVISION OF RETIREMENT PLANS IN DIVORCE LITIGATION.
Types of Qualified Plans.
Individual Retirement Accounts, Simplified Employee Pensions, and SIMPLE Plans.
Transfer of Retirement Assets.
6. THE TAXATION AND DETERMINATION OF SUPPORT IN DIVORCE LITIGATION.
Types of Spousal Support.
Tax Treatment of Spousal Support.
Recapture of Spousal Support.
Spousal Support Treated as Child Support.
Spousal Support Substituted for Property Awards.
Allocation between Child Support and Spousal Support.
7. THE DIFFERENCES OF PROPERTY AND INCOME IN DIVORCE LITIGATION AND ISSUES OF THE MARITAL RESIDENCES.
Property or Income.
8. TAX ISSUES IN DIVORCE LITIGATION.
Innocent Spouse Relief.
Expanded Innocent Spouse Relief.
Separate Liability Election.
Miscellaneous Tax Issues.
Tax Attributes in Divorce.
9. THE FINANCIAL ADVISER′S TESTIMONY.
Preparation for Trial.