For Attorneys

Financial expert resources for family-law attorneys

Expert reports, Rule 26 disclosures, financial expert testimony, separate property tracing, business valuation, income analysis, support analysis, financial rebuttal, methodology, document requests, discovery, and trial preparation — organized for the attorney's case workflow.

Separate Property Tracing
Separate Property Tracing

Can commingled property still be traced?

Yes, commingled property can often still be traced - commingling does not automatically destroy a separate property claim. In Utah, a spouse who has commingled separate funds with marital funds can still recover the separate portion if they can prove, by clear and convincing evidence, that the separate funds are still identifiable. The difficulty depends on the degree of commingling, the availability of records, and the tracing method used. Direct tracing is easiest; pro rata or transaction-by-transaction tracing may be needed for heavily commingled accounts.

Separate Property Tracing

How do you trace an inheritance in divorce?

Tracing an inheritance in a divorce means following the inherited funds from the moment they were received through every account and transaction to prove they remain separate property. The process starts with documentation of the inheritance (will, trust distribution, or executor letter), then follows the money through bank and brokerage statements to its current location. If the inheritance was deposited into a joint account, used to buy a shared asset, or commingled with marital funds, the tracing becomes more complex - but it may still be possible with careful forensic analysis.

Separate Property Tracing

What is separate property tracing?

Separate property tracing is the process of identifying and following a non-marital asset - such as premarital savings, an inheritance, or a gift - through bank, brokerage, and investment accounts to prove that it has not been converted into marital property. In a Utah divorce, separate property is generally not divided, but the burden is on the spouse claiming the asset to prove it remains separate. When separate funds are deposited into joint accounts or used to buy shared assets, tracing becomes essential to preserve the separate property claim.

Self-Employed Income
Self-Employed Income

How is S corporation income analyzed for alimony?

S corporation income for alimony is analyzed by looking beyond the salary on the W-2 to include K-1 distributions, retained earnings, and personal expenses paid by the business. An S corp owner can set their own salary - often artificially low - and take the rest as distributions, which are not subject to payroll tax. A financial analyst normalizes the income by adding back personal expenses, nonrecurring costs, and excess compensation, then compares the total to the lifestyle the couple lived. The goal is to find the actual cash available for support.

Self-Employed Income

How are business-paid personal expenses treated in divorce?

Business-paid personal expenses are treated as additional income to the business owner in a divorce. When a business pays for the owner's personal auto, travel, meals, insurance, or family-member salaries, those costs are not true business expenses - they are compensation in disguise. A financial analyst identifies these expenses in the general ledger and adds them back to the owner's income for support purposes. This normalization can significantly increase the income available for alimony and child support, sometimes doubling the reported figure.

Self-Employed Income

How is income determined for a self-employed spouse in divorce?

A self-employed spouse's income for divorce purposes is rarely the number on their tax return. True income includes salary, K-1 distributions, shareholder distributions, retained earnings, and personal expenses paid through the business. A financial analyst normalizes the income by adding back non-recurring expenses, personal expenses, and excess compensation, then compares the business's cash flow to the lifestyle the couple actually lived. The goal is to find the income available for support, not just the taxable income reported to the IRS.

Business Valuation
Business Valuation

What is the difference between personal goodwill and enterprise goodwill?

Personal goodwill is the value of a business tied to the individual owner's skills, reputation, and personal relationships - value that would not transfer to a buyer. Enterprise goodwill is the value that exists independently of the owner and can be transferred to a new owner - things like brand, systems, customer lists, and location. In a Utah divorce, this distinction matters because personal goodwill may be treated as the owner's separate property, while enterprise goodwill is generally marital. The allocation can significantly change what portion of the business value is divided.

Business Valuation

What is normalized EBITDA in a divorce business valuation?

Normalized EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization) is the business's true earning power after removing owner perks, personal expenses, nonrecurring costs, and excess compensation. In a divorce business valuation, normalization is essential because owners often run personal expenses through the business, pay family members above-market rates, and claim one-time deductions that don't reflect ongoing operations. Normalized EBITDA reveals what the business actually earns - not what the owner chose to report - and is the foundation for determining fair market value.

Business Valuation

How is a business valued during a Utah divorce?

A business is valued in a Utah divorce by determining its fair market value - the price a willing buyer would pay a willing seller, both with full knowledge of the facts. A Certified Valuation Analyst (CVA) or business valuation professional typically uses three approaches: the income approach (based on earning power), the market approach (based on comparable sales), and the asset approach (based on net assets). The valuation also normalizes the financial statements by removing owner perks, excess compensation, and nonrecurring expenses to reveal the business's true earning power.

Financial Expert Witnesses
Financial Expert Witnesses

When should a divorce attorney hire a financial expert?

A divorce attorney should hire a financial expert when the case involves a closely-held business, self-employment income, separate property claims, complex retirement assets, significant assets with different tax bases, or disputed income. The earlier the expert is engaged - ideally before discovery, settlement discussions, or mediation - the more value they provide. A CDFA®, forensic financial analyst, or valuation professional can identify the financial issues, guide document requests, quantify the marital estate, and provide defensible analysis that strengthens the attorney's position in negotiation or trial.

Financial Expert Witnesses

What is the difference between a CDFA® and a forensic accountant?

A CDFA® (Certified Divorce Financial Analyst) focuses on the financial issues specific to divorce - income analysis, settlement comparisons, after-tax valuations, retirement division, and support calculations. A forensic accountant focuses on investigating financial records to find hidden income, trace separate property, and identify financial irregularities. While there is overlap, a CDFA® is best for the overall financial strategy and settlement analysis, while a forensic accountant is best for investigation and tracing. Many cases benefit from both - and some professionals, like those at Davis Schuler & Associates, hold both CDFA® and forensic credentials.

Financial Expert Witnesses

What does a financial expert witness do in a divorce?

A financial expert witness in a divorce provides analysis, reports, and testimony on financial issues that the court needs to understand. They may value a business, trace separate property, analyze income for support, compare settlement proposals, or investigate hidden assets. The expert prepares a written report, is deposed by the opposing side, and testifies at trial - explaining their methodology, defending their conclusions, and responding to cross-examination. Their role is to provide the court with clear, defensible financial analysis that helps the judge make informed decisions.

Discuss a Case With Our Financial Expert Team

Talk through the financial issues in your case with a CDFA®, valuation professional, or forensic analyst.

Discuss a case