WFU Law School
Law & Valuation
2.1.1 Returns

Returns in Legal Contexts Example

Example:

Dr. Jones, an ophthalmologist, is 45 when she separates from her husband Mr. Smith of 25 years. They married the summer after she graduated from college with a degree in biology (Phi Betta Kappa, 3.9 GPA). Jones then attended Hale Medical School, where she finished in the top 10% of her class. After a residency and a series of prestigious fellowships, Jones and Smith moved to Carlton, New Columbia. Jones joined a private practice and soon became a partner. She worked grueling hours and on weekends. Smith was a homemaker.

The couple has separated and are negotiating a settlement of their marital estate. What is the value of Jones's medical license?


Answer:

Perhaps the medical license can be seen as a series of future returns. At an equitable distribution hearing in their divorce, Smith's expert valued Jones's medical license as follows (see also attached spreadsheet):

  • compare Jones's earning power as ophthamologist over remainder of professional life (retirement at age 65) to earning power as biologist
  • compute future pay under each assumption, based on present pay levels for each and assuming pay increases (6% for biologist / 5% for ophthalmologist)
  • compute difference of value of medical license compared to biology degree, by calculating future differentials and computing present value of difference (9.5% discount rate, given predictability of pay for each)
  • total present value of differences = value of medical license
Year
Earnings with biology degree (as staff biologist) - 
(6% annual increase)
Earnings with medical license (as opthomologist)
(5% annual increase)
Opthomoligst versus biologist
Present value factor (9.5%)
Present value of difference
2000
$47,000.00 
$497,000.00 
$450,000.00 
0.9132
$410,958.90 
2001
$49,820.00 
$521,850.00 
$472,030.00 
0.8340
$393,678.20 
2002
$52,809.20 
$547,942.50 
$495,133.30 
0.7617
$377,120.18 
2003
$55,977.75 
$575,339.63 
$519,361.87 
0.6956
$361,254.77 
2004
$59,336.42 
$604,106.61 
$544,770.19 
0.6352
$346,053.10 
2005
$62,896.60 
$634,311.94 
$571,415.33 
0.5801
$331,487.51 
2006
$66,670.40 
$666,027.53 
$599,357.14 
0.5298
$317,531.52 
2007
$70,670.62 
$699,328.91 
$628,658.29 
0.4838
$304,159.71 
2008
$74,910.86 
$734,295.36 
$659,384.50 
0.4418
$291,347.74 
2009
$79,405.51 
$771,010.12 
$691,604.61 
0.4035
$279,072.27 
2010
$84,169.84 
$809,560.63 
$725,390.79 
0.3685
$267,310.93 
2011
$89,220.03 
$850,038.66 
$760,818.63 
0.3365
$256,042.29 
2012
$94,573.23 
$892,540.59 
$797,967.36 
0.3073
$245,245.80 
2013
$100,247.63 
$937,167.62 
$836,920.00 
0.2807
$234,901.76 
2014
$106,262.49 
$984,026.00 
$877,763.52 
0.2563
$224,991.31 
2015
$112,638.24 
$1,033,227.31 
$920,589.07 
0.2341
$215,496.34 
2016
$119,396.53 
$1,084,888.67 
$965,492.14 
0.2138
$206,399.54 
2017
$126,560.32 
$1,139,133.10 
$1,012,572.78 
0.1952
$197,684.27 
2018
$134,153.94 
$1,196,089.76 
$1,061,935.82 
0.1783
$189,334.61 
2019
$142,203.18 
$1,255,894.25 
$1,113,691.07 
0.1628
$181,335.30 
2020
$150,735.37 
$1,318,688.96 
$1,167,953.59 
0.1487
$173,671.71 
 
 
 
 
TOTAL
$5,805,077.78 

Assume you represent Jones. What is wrong with the expert's analysis, if anything?

  • Is a medical license a marital asset? Can it be sold? Doesn't its value arise from post-separation labor? Isn't this disguised alimony?
  • Is the comparison of Jones (biology degree) and Jones (medical license) appropriate? Would such a talented person have remained a staff biologist? Would she have started "biology.com"?
  • Is rising ophthalmologist pay a certainty? What about national networks offering cornea surgery? What about managed health care?
  • Doesn't Jones's current pay reflect her ownership of the practice? If her interest in the practice has already been valued in the divorce, isn't this double counting?
  • What about taxes? Aren't high-paid ophthalmologists in a higher tax bracket than middle-income biologists?
  • Given the risks associated with Jones's future prospects, is the 9.5% discount rate (2% above a risk-free 20-year Treasury bond) appropriate?

How would you value Jones's medical license?

2.1.1 Returns

©2003 Professor Alan R. Palmiter

This page was last updated on: August 4, 2003