Category: Double-Counting

Steneken v. Steneken

In a post-divorce action, it was not impermissible “double counting” to value the ex-husband’s business based on his reasonable compensation as opposed to actual compensation and then to calculate alimony based on the same excess salary that had been added back to business income, thus increasing the value of the corporate assets for which ex-wife already had received her share in equitable distribution.

Palydowycz v. Palydowycz

Trial court reversed for finding that awarding wife a distributive award for value of medical practices would be double counting because the value was premised on the income stream. The appellate court found that the income stream was not “totally indistinguishable” from the asset.