Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Matrimonial StrategistKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Court-Appointed or Jointly Retained Financial Experts

By William J. Morrison

Financial experts are generally used in matrimonial matters to identify, value and help in the distribution of marital assets and also opine on issues such as income, cash flow, tax consequences or marital liabilities. Financial experts (experts) are usually retained in matrimonial matters in one of three ways: privately (hired by either the Plaintiff or Defendant), jointly (consensually by the Plaintiff and Defendant) or through court appointment. For simplicity, the court-appointed expert and the jointly retained expert will both be referred to as a “joint expert.” The expert retained by a litigant will be referred to as a “retained” expert.

Are there differences in the level of service and conclusions if a financial expert is privately retained, jointly retained or appointed by a court? Ideally, the manner in which the expert is retained should have no bearing on the work performed or opinions reached because, regardless of who retains the expert, the work should be performed independently and with objectivity. That, however, is not always the case, and there can be significant procedural and work flow issues, depending on how the expert is retained. Throughout this article, the New Jersey Court Rules are cited by way of example.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.