Divorce Finances: Tracing Marital Assets and Separate Property with Beth Garrett & Bob Boyd

Update: 2022-04-13

Description

Hi Welcome to ValuationPodcast.com - A podcast and video series about all things related to business and valuation. My name is Melissa Gragg, and I provide online divorce valuation and mediation services in St. Louis Missouri.

Today we will discuss Divorce Finances: Tracing Marital Assets and Separate Propertywith Beth Garrett & Bob Boyd.

Bob Boyd is a family law attorney in Atlanta Georgia and co-founder of Boyd Collar Nolen Tuggle & Roddenbery. Bob is a leader in family law who has received recognition from his colleagues across Georgia and the nation for his work in high-net-worth divorce litigation and contested custody cases.

Beth Garrett is a lawyer and accountant in Atlanta Georgia – she is also a Partner in the Divorce Litigation Support Practice at Frazier & Deeter, primarily assisting high net-worth individuals and corporate executives with divorce, tax and accounting issues. She helps through mediation and works with divorce lawyers through all financial aspects of litigation and child support matters.

1. Let’s first define the difference between separate and marital property in a divorce? How could someone have a claim of separate property?

2. What is the difference between community property states and equitable distribution states for divorce purposes?

3. What is involved in tracing assets and why does marital contribution matter?

4. Why is the “source of funds” rule important in a tracing analysis and does it matter how the property is titled?

5. What are some assets that can be traced? House, investments, stock options, businesses?

6. Who has the burden to prove the asset is separate?

7. What are some of the important dates to keep in mind when tracing assets? Date of filing? Date of separation? Date of divorce?

8. Why would you trace ownership in the marital home? What is the Thomas analysis in Georgia?

9. What relevance does case law play into the tracing of assets in Georgia or any other state?

10. What would be the logic behind tracing an investment? How do you do the tracing?

11. What are some of the issues if a family business is owned or was owned prior to the marriage?

12. Let’s finish this discussion by talking about how the court will eventually determine the split all of the different property – will a Judge make it FAIR by splitting everything 50/50 between the two spouses?

Melissa Gragg

CVA, MAFF, CDFA

Bridge Valuation Partners, LLC

melissa@bridgevaluation.com

http://www.BridgeValuation.com

http://www.ValuationPodcast.com

http://www.MediatorPodcast.com

https://www.valuationmediation.com

Cell: (314) 541-8163

Elizabeth Garrett

JD CPA CVA | Partner

Frazier & Deeter