In The Matter Of The Marriage Of Fleege

588 P.2d 1136 (Wash. En Banc 1979)

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Nature of the Case

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Facts

H and W were both 58 years of age at the time of trial and had been married for approximately 32 years. They have five children, and W while trained as a dietician, had not been gainfully employed during the marriage. H is a dentist, and the net profits in 1975 were $106,452.61. At trial, W presented expert testimony that the practice had goodwill value of between $30,000-$200,000. H produced a dentist who declared that he had never known of a dentist selling his practice and including a factor of goodwill amounting to more than a few dollars. The court refused to include goodwill as an asset subject to distribution. W appealed.