Your Legal Guide Through Life’s Twists And Turns

Division of business assets during a divorce

On Behalf of | Jun 3, 2024 | Divorce

Divorce can be a challenging experience, especially when it involves the division of business assets. When a couple decides to part ways, dividing their shared assets can become a complicated process.

This complexity increases significantly when the couple owns a business together. Understanding the process of dividing business assets during divorce can help you navigate this difficult time.

Take inventory of business assets

First, it is important to identify all business assets. These assets can include physical property such as office buildings, equipment and inventory. They can also include intangible assets such as intellectual property and brand value. Accurately identifying and valuing these assets is crucial for a fair division.

Get an accurate business valuation

The next step involves determining the value of the business. A professional business appraiser often conducts this valuation. The appraiser will look at various factors, including the business’s financial statements, market conditions and future earning potential. The appraiser’s report will provide a clear picture of the business’s worth, which will guide the division process.

Divide the business accordingly

Once the value of the business is clear, you must decide how to divide it. There are several options for doing this. One option is for one spouse to buy out the other’s share of the business. This solution allows one spouse to retain full control of the business while the other receives fair compensation. Another option is to sell the business and divide the proceeds. This method ensures an equal split but may not be ideal if the business is a significant source of income for both individuals.

Address tax obligations

Finally, it is essential to consider the tax implications of dividing business assets. The division can result in capital gains taxes or other financial consequences. There are also tax implications for closing a business, which is an option you might pursue if you and your spouse are unsure of what to do with the business in your divorce. Consulting with a financial expert can help understand these implications and plan accordingly.

Dividing business assets during divorce requires careful consideration and planning. Effective communication and professional guidance can help achieve a fair and equitable division, allowing both parties to move forward with their lives.


FindLaw Network