Dividing business interests in a divorce

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The asset division determination portion of a divorce can have a negative impact on a business or professional practice. Business owners can take steps to reduce this risk. Ideally, the business owner would already address this possibility with a prenuptial agreement. If drafted wisely, these agreements can help to shelter business interests in a divorce.

Absent a prenup, the first step generally involves determining whether the business interests are marital or nonmarital property. If the business began prior to the marriage, the business owner likely will argue that the business is nonmarital property and not eligible for division during divorce. Even if this is successful, the court may still rule that any growth that occurred during the marriage is a marital asset. As such, the divorce could still have a negative impact on the business.

Business owners who find themselves navigating a divorce can benefit from an understanding of the process and their options:

Get an independent valuation

It is important to know what the business is worth to help guide negotiations during divorce.

There are many ways to determine the value of a business, and each method can produce a different result. The most common approaches include the asset, market, and income methods. It is common for each spouse to hire their own valuation expert. This can result in two different valuations for the business. It is generally more efficient for the parties to negotiate an agreed-upon value instead of litigating this issue.

Sometimes, a party to a divorce will attempt to hide assets. If this is happening, you’ll need a lawyer with experience discovering assets that divorce litigants have hidden. In my experience with high-asset divorces, I believe it’s essential for our clients that we discover all marital assets, so that the court is fully aware of the marital estate that’s being appraised, evaluated and divided.

Real estate holdings are another asset class that do not always have an exact dollar value attached. Their worth, if unknown, will have to be determined for the purpose of negotiating or litigating the divorce.

Consider buying out your spouse’s interest

Once a valuation is agreed upon, it is common for one spouse to buy out the other spouse’s business interest. This can be done with an outright purchase. If the business owner does not have enough liquid assets to complete this purchase, they can consider support from an investor such as a private equity firm.

Another option involves negotiating a trade. In exchange for full ownership of the business, the business owner could provide the spouse with the family home, another piece of real estate or some other asset that has similar value.

Selling the business

Business owners may decide to sell the business and start over with a fresh idea, take a different direction or simply retire to pursue other interests. If this is the case, both parties would likely split the proceeds from the sale during the divorce.

Regardless of the desired outcome, it is wise to act strategically and timely to protect your interests. Legal counsel can review the situation and advocate for your interests throughout the divorce process. At the Law Offices of Jeffery M. Leving℠, Ltd., in Chicago, we represent spouses, ex-spouses, partners and ex-partners in complex matters involving divorce, children, custody and parenting time in Illinois and nationally.

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Kaleb Wright
19 days ago
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I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.
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Marrlow Epps
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Reed Becker
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Excellent firm with excellent lawyers. They have a vast reservoir of legal knowledge and very capable lawyers. Best legal firm I have ever dealt with. I highly recommend them, you will not regret it.
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Marcin Kopiczko
54 days ago
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Mr. James M. Hagler is the BEST lawyer. I highly recommend him and his team. He helped me win my case and I got my son back in life. Mr. Hagler always keep me informed, answered the phone every time I called and always had an answer for every question I asked. I knew from the first meeting I had with Mr. Hagler he was going to help me get my son back. He is a very good at what he does. Thank you Mr. James and his team
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Kareem Henry
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I hired the Law Offices of Jeffrey M. Leaving and the whole staff was great. My Attorney Michael Salamun was awesome, he was very knowledgeable and took time with me to break down and the legal terms so that I was aware of what was going on. In my child support case he saved me thousands with his fight and knowledge.
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Cory Taylor
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Attorney Brian Gilbert is one of the best attorney's at this law firm. He is very responsive, and goes above and beyond for his clients. The services I received were definitely worth every penny.
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Massi Vera
78 days ago
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Brian Gilbert at Leving Law is an outstanding attorney. He handled my case with professionalism, speed, and genuine care. Thanks to Brian, I was able to get the results I needed. He made a stressful process much easier and kept me informed every step of the way. I’m so grateful for his help and would highly recommend him to anyone needing a skilled and compassionate family law attorney.
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Emmanuel Allen
85 days ago
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Anthony D'Agostino really cares about Father's. Helped me with my custody case with my daughter. His honesty and knowledge of the law helped me get my rights to my daughter. E.L
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Sunit Singla
86 days ago
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As a physician, I operate in environments that require objective data, clear strategy, and the ability to cut through emotional noise. Mr. Ochoa, Mr Madden, and the entire team at Leving Law bring exactly that level of clinical precision to family law. High-conflict family court cases often get bogged down in subjective narratives, and systemic delays. From day one, Mr. Ochoa recognized the structural realities of my case and immediately pivoted the strategy toward objective, fact-based forensic evaluation. He is fiercely protective of his clients and easily dismantles desperate tactics from opposing counsel with sharp, unbothered legal execution. He does not get distracted by the noise; he stays entirely focused on the mission and the facts. For any professional or parent navigating a complex, high-stakes family law situation, I cannot recommend Leving Law Offices highly enough. They are tactical, highly competent, and operate at the absolute highest tier of their profession.
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Richhomie Julio
86 days ago
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Anthony s .D’agostino really helped me with my child support case and was very professional and kind will most definitely recommend him to friends and family

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