January 24, 2018 Articles

How to Handle Marital Dissolution and the Issue of Separate Property

By Joshua S. Sechter

It is quite likely that claims of separate property will arise in most actions for marital dissolution. Because of the myriad of ways separate property can become commingled with marital property, it is important to enlist the help of a forensic accountant to untangle these assets. The forensic accountant can identify the nature of the asset (i.e., separate or marital property), trace and quantify the source of separate property, and determine the value and rights associated with each asset of separate property in the marital estate. The forensic accountant’s role in carrying out these tasks is often an integral role, as verifying the accuracy of separate property claims can lead to significant fluctuations in determining the value of the entire marital estate. Keeping this in mind, one should consider hiring a dedicated forensic accountant who is well experienced in performing separate property analyses and has previously provided relevant testimony on such analyses.

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