Property Valuation Date Upon Divorce

The Valuation Date represents the point in time when the marital property is being Appraised (Valued). This is very important because a property value can vary depending on the date used for valuation.

Keep in mind the laws for each state vary regarding the Valuation Date.

STATE

VALUATION DATE

Alabama:

As close as possible to the date of trial. If there is no trial date use todays date.

Alaska:

As close as possible to the date of trial. If there is no trial date use todays date.

Arizona:

Date of Petition for Dissolution - preferred. If there is no Dissolution Date use todays date.

Arkansas:

Date of Divorce - preferred. If not Divorced use todays date.

California:

As close as possible to the date of trial. If there is no trial date use todays date.

Colorado:

As close as possible to the date of trial. If there is no trial date use todays date.

Connecticut:

Date of Dissolution - preferred. If there is no Dissolution Date use todays date.

Dist of Columbia:

Date is Discretionary. Suggest using Petition for Divorce Date or todays date.

Delaware:

As close as possible to the date of trial. If there is no trial date use todays date.

Florida:

Date of Petition for Dissolution. If there is no Petition for Dissolution Date use todays date.

Georgia:

Date of Final Judgement and Decree of Divorce. If not Divorced use todays date.

Hawaii:

Date of Final Separation in Contemplation of Divorce.

Idaho:

Date of Divorce - preferred. If not Divorced use todays date.

Illinois:

Date of Dissolution - preferred. If there is no Dissolution Date use todays date.

Indiana:

Date is Discretionary. Suggest using Petition for Dissolution Date or todays date.

Iowa:

As close as possible to the date of trial. If there is no trial date use todays date.

Kansas:

Date of Filing of the Divorce Petition. If there is no Petition Date use todays date.

Kentucky:

Date of Decree of Dissolution of Marriage. If not Divorced use todays date.

Louisiana:

Date of Final Judgement of Divorce. If not Divorced use todays date.

Maine:

Date of Judgement of Divorce. If not Divorced use Complaint Date or todays date.

Maryland:

Date of Divorce. If not Divorced use todays date.

Massachusetts:

Date of Divorce. If not Divorced use todays date.

Michigan:

Date is Discretionary. Suggest using Complaint for Divorce Date or todays date.

Minnesota:

Date of Dissolution - preferred. If there is no Dissolution Date use todays date.

Mississippi:

Date is Discretionary. Suggest using Complaint for Divorce Date or todays date.

Missouri:

As close as possible to the date of trial. If there is no trial date use todays date.

Montana:

Date of Dissolution - preferred. If there is no Dissolution Date use todays date.

Nebraska:

Date of Dissolution - preferred. If there is no Dissolution Date use todays date.

Nevada:

Date of Decree of Divorce. If not Divorced use todays date.

New Hampshire:

Date is Discretionary. Suggest using Petition for Divorce Date or todays date.

New Jersey:

Date of Complaint. If there is no Complaint Date use todays date.

New Mexico:

Date of Divorce. If not Divorced use todays date.

New York:

Date of Commencement of Divorce Action. If there is no Commencement Date use todays date.

North Carolina:

Date of Separation.

North Dakota:

As close as possible to the date of trial. If there is no trial date use todays date.

Ohio:

Date is Discretionary. Suggest using Complaint for Divorce Date or Petition for Dissolution Date.

Oklahoma:

Date is Discretionary. Suggest using Petition for Diivorce Date or todays date.

Oregon:

As close as possible to the date of trial. If there is no trial date use todays date.

Pennsylvania:

As close as possible to the date of trial. If there is no trial date use todays date.

Rhode Island:

As close as possible to the date of trial. If there is no trial date use todays date.

South Carolina:

Date of Filing Complaint for Divorce.

South Dakota:

Date of Decree of Divorce. If not Divorced use todays date.

Tennessee:

As close as possible to the date of trial. If there is no trial date use todays date.

Texas:

Date of Divorce. If not Divorced use todays date.

Utah:

Date of Divorce Decree. If not Divorced use todays date.

Vermont:

As close as possible to the date of trial. If there is no trial date use todays date.

Virginia:

As close as possible to the Date of Evidentiary Hearing. If there is no hearing date use todays date.

Washington:

Date of Dissolution of Marriage. If not Divorced use todays date.

West Virginia:

Date of Filing Complaint for Divorce. If there is no Complaint Date use todays date.

Wisconsin:

Date of Divorce. If not Divorced use todays date.

Wyoming:

Date of Complaint for Divorce.


Useful Online Tools

Suggested Reading
The Property Division Handbook The Property Division Handbook
This book will explain in detail the property distribution aspect of divorce and separation. It will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.

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COMMUNITY PROPERTY VERSUS EQUITABLE DISTRIBUTION -- There are two basic ways to handle divorce property division: Community Property: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico are community property states. This means that all marital property is typically defined as community property or separate property. When divorcing, community property is typically divided evenly, and each spouse keeps his or her separate property. Equitable Distribution: All other states follow equitable distribution. This means that a judge decides what is equitable, or fair, rather than simply splitting the property in two. In practice, this may mean that two-thirds of the property goes to the higher earning spouse, with the other spouse getting one-third.
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