Pennsylvania is a state that practices "equitable distribution" of marital property during a divorce.
The means the court looks at everything that is considered within the marital estate and makes a determination, based on a list of factors under the law, what would be a fair division of property.
Our team effort is to be both thorough with our analysis and honest with you about our assessment, and we'll negotiate and argue for your fair share, regardless of your circumstances.
Attorney Dohner is familiar with the common sticking points in high-asset divorce: We work closely with property appraisers, forensic accountants, and other expert witnesses as necessary to identify jointly held assets and determine accurate values.
Attorney Dohner is adept at negotiating trade-offs in high-asset divorces, particularly compensation in lieu of selling a business or liquidating its assets. Dohner is certified by the Ohio Bar as a Family Relations Specialis and is a Certified Family Law Arbitrator.
One of the factors available for consideration is “the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” Fla. The analysis of the dissipation generally starts with the intent behind the expenditure, and whether the conduct was intentional.
If a Court determines that a marital asset has been dissipated, the Court can and often times allocates the wasted asset to the offending spouse in the form of an unequal distribution of assets, despite the asset no longer being in existence.
Experience in Complex Property Division Dividing the marital estate is always contentious and more so when there are legitimate disputes about the value of large assets and whether they are separately owned or subject to distribution.
The Dohner Law Firm has substantial experience in all facets of high-asset divorce, from business valuations and dividing retirement portfolios to tax planning and asset protection strategies.“Otherwise, it will be considered a full distribution of those assets, and there will be tax consequences.” The best way to go is with a direct transfer of assets from one IRA to another, says Tracy Stewart, a CPA and CFP professional whose practice focuses on divorce issues.“With a trustee-to-trustee transfer, your spouse will not risk being taxed on the distribution to you, and you will not be taxed on the transfer,” she says.Generally speaking, if there is no misconduct, the allocation to the offending spouse will likely not occur.Florida Courts have held that there must be specific evidence and findings that the spending spouse intentionally dissipated assets.Florida Courts, when presented with the proper foundation of evidence, have routinely adjudicated such expenditures to be wasting of marital assets.