Prahinski v. Prahinski
Maryland adopts minority view and holds that the goodwill of a solo law practice is not includable in the marital estate upon divorce. The goodwill is personal to the attorney and is not severable from his or her reputation.
Clark v. Clark
Gynecologist practice does not have saleable goodwill in this case, but there may be in other cases if there is evidence of sales value which does not depend on the future participation of the professional spouse.
Taylor v. Taylor
Gynecologist practice does not have saleable goodwill in this case, but there may be in other cases if there is evidence of sales value which does not depend on the future participation of the professional spouse.
Prahinski v. Prahinski
To be marital property subject to valuation and distribution in a divorce proceeding, professional goodwill must be a marketable asset distinct from personal reputation and not dependent upon the continued presence of the particular individual.
Antolik v. Harvey
No goodwill in chiropractic practice in this instance (although goodwill might be divisible under other circumstances). Court excludes value for “patient’s charts.” No enforceable legal right to husband’s continued services.
Fexa v. Fexa
Where goodwill can be attributed to the business or practice itself, making it realizable upon sale, that value is subject to equitable distribution.
Thompson v. Thompson
Professional goodwill acquired during marriage is includable if it is distinct from the professional spouse’s reputation.
Eslami v. Eslami
Medical practice may have distributable goodwill. Comparable sales would be the most persuasive evidence of such value, but capitalization of excess earnings was also permissible.
Strauss v. Strauss
Valuation of dental practice reversed where it did not separate general goodwill of business from personal goodwill.
Baker v. Baker
Institutional goodwill, but not personal goodwill, of surgical practice should be included in marital estate. Noncompete agreement does not, by itself, prohibit all future employment.