Journal Article

‘Big Money’ Divorces and Unequal Distributions: Value, Risk, Liquidity and Other Issues on the Road to Unfairness

David S. Rosettenstein

in International Journal of Law, Policy and the Family

Volume 19, issue 2, pages 206-217
Published in print August 2005 | ISSN: 1360-9939
Published online August 2005 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebi015
‘Big Money’ Divorces and Unequal Distributions: Value, Risk, Liquidity and Other Issues on the Road to Unfairness

More Like This

Show all results sharing these subjects:

  • Family Law
  • Marriage and the Family

GO

Show Summary Details

Preview

When it comes to property division on divorce, Anglo-American jurisprudence seeks to achieve distributions that are ‘fair’. In the case of so-called ‘big-money’ divorces, courts routinely encounter complex assets or asset portfolios. This contribution considers how problems associated with the valuation of assets, post-divorce risk management, and the inability to achieve liquidity in an asset portfolio, impact the goal of achieving fairness. Examples are drawn from difficulties associated with the distribution of share options. The paper concludes that unless considerable care is taken to consider factors such as the reliability of assigned values, risk, and liquidity in the asset distribution plan, a distribution that superficially is ‘fair’, in reality may be just the opposite.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.