Area of Expertise
Family Law Disputes
Overview
Parties engaged in a family law dispute are required to value their assets and liabilities at the marriage and separation dates in order to calculate each spouse’s Net Family Property. Family law disputes also frequently require an assessment of a spouse’s income for support purposes pursuant to the Child Support Guidelines.
For business owners and high net worth individuals, calculating Net Family Property and income for support purposes typically requires an understanding, and valuation of, corporate and trust interests and other, less common financial asset classes such as private equity or cryptocurrencies. Family law disputes may include allegations of hidden assets or undeclared income, which need to be investigated and resolved. Where a spouse’s net worth arises from inter-generational transfers of wealth, the identification and tracing of gifts and inheritances during the marriage to assets held at the separation date can also have a significant impact on the value of Net Family Property.
CHS has extensive experience in providing valuation and forensic services for business owners and high net worth individuals engaged in a family law dispute. We can assist at all stages of the process, from preparing initial financial disclosure requests, to completing independent valuation and expert reports, through to assisting with settlement structuring, attending mediation, or testifying at trial. Our cases regularly involve clients with interests in complex corporate structures and trust holdings, which often need to be valued at multiple dates. We are well-versed in calculating income for support purposes, particularly where corporate attribution, imputed income, non-recurring income, or potential “double-dip” income is a factor. We also have experience reviewing financial records to identify and quantify the impact of unusual and/or unreported transactions.
Related Expertise
Cases
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Comprehensive Valuation in the Insurance Brokerage Industry
Valuation of a privately held insurance brokerage at two valuation dates for the purpose of determining a spouse’s net family property and equalization payment owing.Learn More -
Family Law Dispute Involving Tracing of Gifts and Inheritances During Marriage
Tracing of gifts and inheritances received during marriage to assets held at the separation date for determining required equalization payment and value of excluded property.Learn More -
Calculating Income for Support Purposes of Business Owner with Complex Corporate Structure
Calculation of income for support purposes of owner with interests in multiple private companies, including holding companies and operating companies, some of which were owned with third parties.Learn More -
Family Law Dispute Involving Senior Executive in the Investment Industry
Valuation of investment portfolio and deferred compensation plans at date of marriage and two separation dates, and calculation of income for support purposes.Learn More
News & Insights
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Antonina Wasowska and Julia Principe presented the topic “The Secret Life of Corporate Tax Returns” at the Institute of Law Clerks of Ontario’s (ILCO) Family Law Continuing Legal Education event.
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Farley Cohen co-presented the topic “Impact of COVID-19 on Business Valuations” at Osgoode Hall’s 11th Annual Recent Developments and Complex Issues in Property and Equalization seminar.
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Farley Cohen co-presented the topic “International Marital Estates” at the International Academy of Family Lawyers conference, New Orleans, LA.
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Jacob Martin co-presented the topic “Business Valuations: How to Navigate in the Current COVID-19 Environment” at the virtual Canadian Sell Your Business Conference and numerous law firms during the summer of 2020.
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Antonina Wasowska has hosted several CHS webinars on the topic “Impacts of COVID-19 on Business Valuations and Income Calculations for Family Law” during the summer of 2020.