Couple's Assets Need Economic Evaluation

Article excerpt

If the court chooses to divide a pension plan based on present-day value, there must be an economic evaluation of the plan by an actuary or certified public accountant who is expert in statistics and financial evaluations.

After reviewing the plan and the amount of money in the employed spouse's account, the expert can determine the present value of the portion of the pension plan that is to be divided. This complex calculation must include an estimate of the longrange interest rates that will be in effect over the same period of time.

If this method of division is used, the employed spouse will keep the pension plan at the determined value while other community or marital assets of that value will be placed on the non-employed spouse's side of the ledger in order to allow either the equal division of community property or the equitable division of marital assets.

If a family business or a professional practice has been acquired during the marriage, this asset must be valued and considered when dividing assets. Like dividing a pension, to the extent that the business or practice has been developed during the marriage, there is a property interest that must be dealt with when the marriage dissolves. …


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