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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Blake Skeep
19 days ago
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I have thus far enjoyed the assurance and relief that Michael Ochoa and Julia Keszycki have given me during my use of Jeffery M Leving Law. Everyone there has been attentive to my goals and concerns, and having a case over an hour away from the main office has not created any hurdles for me or my son. I highly recommend reaching out to this law office to familiarize yourself with what your potential can be in your respective courtroom scenario.
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junior salazar
19 days ago
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I appreciate the people at Jeffery Levings especially Micheal Ochoa, who has represented me , for representing me in my custody battle. They show compassion and understanding and will fight for us fathers who just want to be father's. They fight for fathers rights!!
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Wayne Sivels
19 days ago
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Excellent services provided by my Atty's at Jeffrey Leving Ltd. I cannot thank Atty's Anthony D' Agostino and Arthur Kallow of the law offices of Jeffery Leving for saving me from an unjust situation. The State claimed I owed child support for a child who became an adult decades ago. I was facing an absolute nightmare. They suspended my driver's license and put a lien on property that I didn't even own. It was a terrible ordeal that took a massive toll on my finances and health. Anthony and Art stepped in and fought with true passion on my behalf. Thanks to their tireless efforts and willingness to go to great lengths for justice,the claimed arrearages were completely zeroed out. They literally saved me from this continuing nightmare and gave me back my life. I highly recommend D'Agostino and Kallow and the Law Offices of Jeffery M. Leving to anyone who needs aggressive, brilliant representation. They are worth every penny.
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Grace S
20 days ago
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Michael Ochoa is an excellent Attorney at Law. He is a true professional, compassionate and always took the time to explain things clearly. My divorce case was exceptionally complicated due to my ex-husband's mental illness. I am incredibly grateful to the Law Offices of Jeffery M. Leving, Ltd especially to Michael Ochoa for his help and support during one of the most difficult times in my life. I highly recommend Michael Ochoa to anyone going through a divorce.
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Aliyah Shields
20 days ago
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Michael Ochoa of Jeffery M. Levine has done and continues doing a great job on my child custody case. He works hard in detail and great with communication. Highly recommend!
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Lilia Malacina
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Top flight family law firm that will work tirelessly for the best results.
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Kaleb Wright
40 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
55 days ago
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Mr. Brain Gilbert did a good job helping me support my fatherhood rights, thanks again sir
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Reed Becker
60 days ago
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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
75 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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