May 2008

In Divorce, Financial Issues Abound. Part One of a Two-Part Article.

By Mark I. Plaine

In matrimonial litigation the marital residence often constitutes the parties’ most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month’s issue, we discuss separate property credits.

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