Marcia and Dave Are Separated and Negotiating a Divorce Agreement

question 2173

Essay

Marcia and Dave are separated and negotiating a divorce agreement. They live in a common law state and have two children who will remain with Marcia. Dave is willing to transfer the jointly owned home to Marcia. He wishes to keep the couple's jointly owned boat. Dave will either transfer securities to Marcia ($100,000 adjusted basis, $150,000 fair market value) or will pay her $30,000 for 5 years with interest of 8%. What issues should Marcia and Dave consider when formulating their divorce agreement?

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Definitions:

Capital Account

A financial record that shows the changes in business ownership over a period. It includes capital contributions and withdrawals by owners.

Partner Capital Accounts

Accounts reflecting the individual investments of partners in a partnership, including their share of profits, losses, and any withdrawals.

Capital Additions

Investments or expenditures made to acquire or improve long-term assets, enhancing the asset value or extending its useful life.

Net Income

The net income of a business once all taxes, costs, and expenses have been deducted from the total revenue.