The much publicized Moore-Kutcher separation just got juicier this week with news that Moore will be seeking a portion of Kutcher's multi-million dollar investment with Madonna's manager, Guy Oseary and billionaire Ron Burkle. The investment in question is called A-Grade Investments, and was established to assist tech start-ups. The kicker? A-Grade is estimated to be worth a whopping $100 million dollars!
It is alleged that Kutcher invested $1 million dollars towards A-Grade in 2010, when he and Moore were still together. It is also alleged that he owns 20% of the business, so $20 million.
So what claim does Moore have to Kutcher's portion of the investment? Moore's lawyers have said he is now entitled to $10 million.
Applying Canadian law, equalization involves the division of the value of marital assets, which are assets acquired during marriage. The value that gets divided between the parties is determined on the date of separation. Simply put: Moore is entitled to half of Kutcher's portion of the value of the investment as of November 2011, which is their date of separation.
In Ontario's Family Law Act, spouses are not entitled to any increase post-separation. Therefore, Moore would have no claim to any of the accrued value after November 2011.
Conversely, if Kutcher's investments had gone down in value after the date of separation, he would have to take the loss and still pay Moore her portion of the investment.
In the event that the investments resulted in a loss as of the date of separation, any associated liability would factor into Kutcher's net family property calculation, effectively lowering any potential equalization payment he may or may not owe. However, all signs are currently pointing towards anything but a loss on this investment.
Sounds like the Two and Half Men star, where he ironically plays an eccentric billionaire investor, will have to share with two and a half business partners!