What date of valuation does a Court typically use? Is it the date of the divorce trial or the date the divorce action was commenced?
It depends on whether the asset is an active asset or a passive asset. An active asset such as a business or a pension which is the result of one of the spouse’s efforts is generally valued as of the commencement date of the divorce action. On the other hand, a passive asset such as a house or a stock account in which deposits are not made subsequent to the commencement date are typically valued as close to the trial date as possible.
