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Florida Law - How is Goodwill Counted?

Goodwill arises when the business is worth more than the tangible assets. Things such as reputation, a desirable location, a unique product, and so on, can all-but-guarantee an earnings stream, and so make the business have more value than simply its tangible assets.

Florida recognizes business goodwill as part of the marital value of a company or a professional practice.

However, to the extent the value of the practice comes entirely from the good reputation of the party, then that goodwill is not a marital asset.

Cases:

Walton (1995) 657 So2d 1214 (distinguish personal good will from business goodwill).

Weinstock (1994) 634 So2d 775 (use the fair market value approach in valuing the business).

Makowski (1993) 613 So 2d 924 (recognizing business goodwill).

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