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What happens to the family business if I get divorced?

On Behalf of | May 3, 2023 | Divorce |

Divorce is an emotional process that may get even more challenging if you run a family business. It’s normal to wonder what will happen to your family business once the marriage is dissolved. 

Will the company need to be sold? Do you and your ex-spouse need to share ownership? These are legitimate worries. Here is some information you need to consider.

Your business structure

A family-owned enterprise’s structural arrangement may substantially impact its dispensation in the event of divorce. Suppose the business functions as a sole proprietorship. In that case, the assets and liabilities of the corporation are viewed as personal belongings, and it may be imperative to relinquish a portion of the enterprise’s profits to your spouse.

On the other hand, if the business operates as a partnership, the allotment of the enterprise will be at the mercy of the partnership accord’s provisions. A corporation can also take the form of a corporate entity. And in this case, asset division will be based on the value of the shares you and your spouse own.

Your business valuation

It is crucial to establish the value of the family business before it can be shared during a divorce. The knowledge of accountants, business appraisers, and financial analysts is necessary for business valuation because it might be complicated. 

The valuation method will consider the company’s resources, earnings and market worth. After establishing the valuation, the court will use this information to divide the business between you and your spouse.

Your business continuity

It is imperative to contemplate the impact of a divorce on the ongoing sustainability of the family enterprise. To ensure an equitable allocation of assets, it may sometimes become necessary for one partner to acquire the other’s share of the corporation or liquidate the business. However, under certain circumstances, the partners may be able to engineer a scheme to continue their collaborative efforts, notwithstanding their divorce.

The destiny of a family business during a divorce is a complicated matter that necessitates careful consideration of many variables. It’s crucial to look into the business structure and its valuation to ensure fair asset division

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