Florida Divorce Law...

Florida Law - At What Date Do We Value the Business?

The business is valued with the rest of the assets at the earliest of the following dates:

• The date of a valid separation agreement;
• The date set in a valid separation agreement;
• The date of filing the divorce petition;

Different assets may be valued on different dates. For example, if the operator of the business has trashed it since the separation, the court might use the separation date to value the business.

Or, if the business has soared since separation thanks to the efforts of one spouse, the court might reward the hard-working spouse by using the separation date, with its lower value, as the date the business is valued.

Section 61.075(6).

Kennedy (1995) 656 So2d 562 (court could not use trial date as valuation date for 401(k) plan; it should have used date of filing of petition).

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