Clark v. Clark

Syllabus

In this cross-appeal concerning the apportionment of marital assets, the issues before the Court stem from the valuation of a minority interest in a family-held business. Specifically, the question is whether the court of appeals erred in its handling of the family court's application of two discounts when determining the fair market value of a 25% interest for purposes of equitable apportionment?one for marketability and the other for a lack of control. We now affirm in part and reverse in part, reiterating that the efficacy of these discounts is determined on a case-by-case basis.