Questions spouses and counsel ask
Before both sidessign.
Nothing here is legal or tax advice. I value the wine; each spouse's counsel advises on everything else.
Who pays for the wine appraisal in a divorce?+
Both spouses, equally. The fee is flat, agreed in writing in the engagement letter, and split between you: half on signing and the balance before the report is released. It is never tied to the value reported, so neither side is paying for a higher or a lower number.
What valuation date applies?+
The valuation date is set by the court or agreed by the parties, and the rules vary by state. Confirm it with counsel before the engagement letter is signed. The report values the wine as of whatever date the letter states.
Is the wine collection marital property?+
That is a legal question for each spouse's counsel, and I do not answer it. What I can do is identify and value every lot, and record purchase dates and receipts where they exist, so counsel can sort the inventory however the law requires.
Can you testify in court about the valuation?+
No. The engagement is for settlement only: negotiation, mediation, or a collaborative process. Both parties agree in writing not to call, depose, or subpoena me. If the matter is headed to trial, each side should retain its own expert.
Remote or on site: which do we need?+
On site is the most complete: I review every bottle's fill, label, capsule, and cork, and the storage and provenance behind them. Remote works from an inventory and photographs that both spouses agree on in writing; the report states that the bottles were not inspected and assumes sound condition. Remote costs about 25% less and needs no travel, so it can serve spouses anywhere in the United States.
What do you need to get started?+
An approximate bottle count, where the wine is kept (including any off-site storage or second home), and any existing inventory, whether a spreadsheet, a CellarTracker export, or an insurance schedule. With those I can propose the method and the fee for both sides to review.
How long does a divorce wine valuation take?+
I begin within about two weeks of the signed engagement letter. The report follows two to three weeks after the inspection, or after the inventory is agreed for a remote valuation. If a mediation date is already set, say so at the outset.
You are an attorney. Are you representing either of us?+
No. Although Anthony is an attorney, in this engagement he acts only as an appraiser, not as counsel to either spouse, and no attorney-client relationship exists. Each spouse should take legal advice from their own counsel.