Bing v. Bing

1 Citing case

  1. In re Marriage of Duncan

    90 Cal.App.4th 617 (Cal. Ct. App. 2001)   Cited 166 times
    Upholding a denial of fees where the parties each has "adequate resources to litigate the controversy"

    Thus, an alternative valuation date may apply to a business when its value "devolves largely from the personal skill, industry and guidance of the operating spouse," rather than the business's capital assets. ( Ibid.; see also In re Marriage of King (1983) 150 Cal.App.3d 304, 310 [husband's postseparation efforts, earnings and accumulations from technical consulting business were his separate property]; Bing v. Bing (1959) 168 Cal.App.2d 348, 350 [value of husband's general contracting business dependent on his personal skill and industry].) Conversely, a trial date valuation may be appropriate where the postseparation efforts of the operating spouse have "minimal impact" on any increase in the value of the business.