To establish a policy's market value we first calculate its asset share, which tracks money into and out of the policy to the date of valuation.
FORBES: Magazine Article
The Courts ruled that the date of the divorce trial should be used as the valuation date.
FORBES: How the Valuation Dates of Different Assets Are Decided During Divorce
In essence, the judge could deem a normally active asset (the business) to be a passive asset and therefore would use the trial date as the valuation date rather than the DOS (or commencement of the divorce action in New York).
For starters, the value of an asset can significantly vary depending on the date that is chosen to be its valuation date.
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