Tag Archives: marital estate

What date is used to value marital property during equitable distribution of the marital estate? Because the value of some assets fluctuates from time to time, the valuation date of marital property is generally the time of distribution unless the property is no longer in existence. In some instances, a date of separation value may be appropriate, where an asset, such as a business, is in the sole control of one of the parties during the period of separation. A date of separation value does not necessarily require the imposition of prejudgment interest, although such a claim may be asserted. The marital property increase in value of separate property is as of the date of separation or date of distribution, whichever date produces the lesser increase in value. In instances where marital property was disposed of prior to distribution, a pre-distribution valuation date will be employed. The valuation date selected by the courts is intended to effectuate economic justice between the parties. Therefore, a party can suggest a valuation date to the court; however, the party