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Dividing Business Assets During Divorce: A Guide

  • Understand legal obligations when dividing business assets during divorce.
  • Determine the value of business assets and consider different options for asset division.
  • Get support from a team of professionals, including an attorney, accountant, financial planner and appraiser.
  • Use the right team and mindset to move forward after divorce and build a successful future.
  • Allocate assets in an equitable manner to prevent disputes down the road.

Divorce can be a challenging time in anyone’s life. In particular, dividing business assets during a divorce can be complex, with many legal and financial implications. It’s essential to approach the process with careful consideration and the support of a knowledgeable team. Here are the steps you should take when dividing business assets during divorce.

Understand your legal obligations

When dividing business assets during divorce, you must understand your legal obligations. This is because the law governing the division of assets can vary depending on the state where you live.

In general, however, courts will consider the value of the assets, how they were acquired, and any other relevant factors when deciding about the division of property. Ensure you work with an experienced divorce attorney who can help you navigate the legal aspects of dividing business assets.

Determine the value of your business assets

Before dividing your business assets, you need to know their worth. This can be a complicated process, especially with a complex business structure. You may need to work with a professional appraiser to get an accurate valuation of your business. Once you have value for your business, you can start thinking about how to divide the assets.

Consider the different options for asset division

couple on a divorce

There are different ways to divide business assets during a divorce. Selling the business and splitting the profits is a possible solution. This can be a good option if both spouses are willing to sell and the company is profitable. Alternatively, one spouse may be able to buy out the other spouse’s share of the company.

This could be a viable solution if one partner is more committed to the business and wishes to maintain its operations. Another option is to continue running the business together. This can be challenging, but it can work in some cases. You may need to work with a mediator to develop a mutually agreeable plan for sharing the responsibilities of the business.

Get support from a team of professionals

Dividing business assets during divorce can be complex, and you don’t have to do it alone. Ensure you have a team of professionals to help you through the process. Some of the professionals you need to work with are:

An Attorney

Your attorney will help you understand the legal aspects of dividing business assets and negotiate with your spouse’s attorney to reach a fair agreement. Depending on the nature of your divorce, you will need an attorney specializing in divorce settlements.

For instance, a collaborative divorce attorney may be better suited for a cooperative divorce agreement. This type of divorce requires couples to work together to develop a mutually agreeable settlement.

On the other hand, if you’re expecting a contested divorce, you might be better off working with an experienced contested divorce attorney who can help protect your rights and interests. They have expertise in dealing with complex business disputes and understand their financial and legal implications.

An Accountant

Your accountant can help you determine the value of your business assets and devise a plan to divide them equitably. It’s essential to work with an experienced accountant who has experience working on divorces.

Financial Planner

When dividing assets, a financial planner will be your biggest asset. They can help you better understand your financial situation, advise you on the best strategies for dividing your support, and help you plan for your financial future.

A good financial planner will look at your current assets and help you figure out how to divide them fairly to both parties. They can also work with you to create a budget to help you stay on track financially after the divorce is finalized.


female business owner talking to an appraiser

An appraiser will help you determine your assets’ current value to ensure you can adequately divide them. This includes everything from home, cars, furniture, and other belongings.

They will provide a professional, unbiased opinion on the value of your assets, which can help prevent disputes down the road. An accurate appraisal is crucial and can save you time and money in the long run.

Dividing business assets during divorce is not an easy process, but it’s essential. You can confidently navigate the process by understanding your legal obligations, determining the value of your business assets, considering the different options for asset division, planning for the future, and getting support from a team of professionals. Remember that there is life after divorce, and with the right team and mindset, you can move forward and build a prosperous future for yourself and your business.

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