Divorce and Domestic Relations Litigation: Financial Adviser's Guide
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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.