Business Issues in Family Law Matters Program Materials


This program explores the interplay of corporate and business issues in family law. Topics discussed include corporate law issues in family law settlements, business valuations and business income calculations, matrimonial property issues for the self-employed, and tax traps in matrimonial property settlements, among others.

It is important for family law lawyers to have a basic understanding of corporate law issues when providing settlement advice. This paper provides an overview of corporate matters for the family law practitioner. Topics discussed include types of business interests, corporate structures, minute books, and corporate maintenance.

This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 and in Edmonton on January 24, … Read More


This paper examines commonly accepted approaches and considerations for the valuation of viable and not viable going concern businesses. It discusses valuation approaches, methods, and types of valuation reports. It also highlights certain inputs of the valuation analysis that can significantly impact the results of the overall valuation conclusion; for example, owner-manager remuneration, debt to equity ratio, working capital, and others.

This paper is part of a collection presented at … Read More


It is becoming increasingly common to have clients who are self-employed, which comes with unique considerations when dealing with matrimonial property division. This paper explores important considerations and practical steps for family law lawyers to employ when advising clients with corporate or business interests in matrimonial property division matters. It provides an overview of business structures and steps to follow when gathering disclosure. It also highlights general principles … Read More


This paper outlines the options available to parties who share an interest in a business that is part of matrimonial property. The paper first discusses negotiated settlements, and then reviews Alberta, British Columbia, and Saskatchewan case law on dividing a business as part of matrimonial property. It also briefly highlights common-law claims to businesses.

This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 … Read More


This paper focuses on tax risks in matrimonial property division. First, it reviews the tax concepts of “relatedness,” “affiliation,” and “arm’s length dealings.” Next, it discusses tax issues associated with transfers of matrimonial property, including income attribution, derivative liability, and shareholder benefits. It also discusses proposed income splitting rules and potential income tax traps associated with distributing corporate property as dividends and with capital … Read More


This manual is designed to assist legal and accounting professionals in properly determining a person’s guideline income. The manual defines key terms encountered in guideline income calculations, and then outlines, in detail, steps and considerations involved in preparing guideline income calculations and reports. It includes a discussion of deductions and inclusions, imputing income, employee expenses, and dealing with businesses, among other things.

The manual includes the following as … Read More