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How do you handle a family business during divorce?

On Behalf of | Nov 18, 2024 | Divorce

Divorce is a complex process. It could be particularly challenging if you own a family business. The business you and your spouse built together may be your most valuable financial and emotional asset. Dividing it could be contentious.

Below are factors you may consider when dealing with this complex situation.

Valuation

Before making any decisions, determining the value of your business is crucial. You might want to:

  • Hire a professional appraiser to conduct a thorough evaluation
  • Consider multiple valuation methods to get a comprehensive picture
  • Be prepared for potential disagreements about the business’s worth

An accurate valuation is the foundation for fair division, so it may be worth investing time and resources in this step.

Options for division

Once you have a clear idea of your business’s value, you may need to decide how to handle it. Common approaches you could consider may include:

  • Buyout: One spouse purchases the other’s share of the business.
  • Co-ownership: Both parties continue to own and operate the business together.
  • Sell and split: You sell the business and divide the proceeds between you and your spouse.

Each option has pros and cons, and what works best may depend on your circumstances. For instance, a buyout might be ideal if one spouse is more invested in the business while selling could be the cleanest break if cooperation is difficult.

You may also want to consider each option’s tax implications. Different approaches could have varying tax consequences. Consider seeking legal advice. An attorney could guide you into making an informed decision.

Throughout this process, it may be best to maintain open communication with the other party. While emotions may run high, approaching the situation with a level head may lead to more satisfactory outcomes for both parties.

The goal is to reach a fair agreement that allows both of you to move forward. By carefully considering your options, you could navigate this challenging aspect of divorce more smoothly.