
Divorce can be a challenging and emotional process, particularly when high-value assets, like business interests, are involved. Business owners facing divorce must take proactive steps to preserve their interests and minimize the potential for disputes. That requires strategic planning and a clear understanding of how divorce law applies to business ownership.
How Are Businesses Divided in Divorce?
In many jurisdictions, businesses acquired during marriage are considered marital property and may be divided in a divorce along with other assets like real estate and savings. Courts aim for a fair division, not necessarily 50/50.
A business division depends on its value, each spouse’s role, and whether the company was active during the marriage. If a business was started before marriage, its value at that time is separate property; any increase in value or income during the marriage may be marital property. Proper documentation of the business’s value at marriage and its growth is essential for protection.
What Is a Business Valuation, and Why Is It Necessary?
A business valuation is a process by which the current worth of a business is determined. This can be particularly important in a divorce. Without an accurate valuation, there is the risk of one party receiving an unfair share of the business or the business being undervalued in the eyes of the court. A valuation includes company assets, liabilities, income, market conditions, and future growth prospects.
What Are the Possible Outcomes for Business Owners in Divorce?
The outcomes for business owners facing divorce depend on the specific circumstances of the case. In some situations, one spouse may buy out the other’s share of the business, allowing the business to remain in the hands of the original owner. In other cases, the business may need to be sold, with the proceeds being divided between the spouses. If the business is large or has significant value, the division process can become more complicated, requiring negotiation and legal intervention. In certain cases, a judge may appoint a receiver or trustee to oversee the division of the business, which can delay the process and introduce additional costs.
How Can I Protect My Business Interests During Divorce?
There are several steps you can take to protect your business interests in a divorce:
- Keep detailed records of the business’s financial history, including profit and loss statements, tax returns, and other important documents.
- Consider the use of a postnuptial agreement to protect the business from division in the event of divorce.
- Work with a financial professional or divorce lawyer to conduct a proper business valuation.
- Understand the implications of a divorce settlement on the business, including whether your spouse will be entitled to ownership or a portion of the business’s future earnings.
Consulting with a legal professional who understands the nuances of business ownership in divorce is a prudent step toward protecting business investments.
Protecting Business Interests in Divorce
For business owners, the threat of losing part or all of a business during divorce is a real concern. The best way to prevent unwanted outcomes is by taking proactive steps to protect the business, such as maintaining accurate financial records, obtaining a proper business valuation, and considering the use of a prenuptial or postnuptial agreement. With careful planning and legal counsel, you can minimize the risk of losing a significant portion of your investment.
Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Implement Strategies That Protect Business Owners
If you are a business owner facing divorce, our experienced Paramus divorce lawyers understand the impact this can have on your investment. For a confidential consultation, contact Torchin Martel Orr LLC at 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.