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Your options for dealing with a family business in divorce

On Behalf of | May 27, 2022 | Divorce |

Divorce can be expensive, especially given that you’ll have to divide your marital property, which can threaten to leave you on uncertain financial footing. And things can become even more complicated when a family business is in play. These businesses can be difficult to valuate and getting a clear sense of the business’s liabilities can be trick.

That may leave you wondering what your options are for dealing with the family business in your divorce. Essentially, you have three options:

  1. Sell the business: If you and your spouse don’t have an interest in keeping the business, then it might be best to simply sell it and then divide the proceeds. This may be the best way to ensure that the true value of the business is evenly shared.
  2. Buyout: If you or your spouse want to keep the business running, then you might want to negotiate a buyout. This may be an expensive proposition for the individual who is buying out the other, but leveraging other marital assets can help lessen the financial impact. Just keep in mind that if you’re the one selling out, then you need to make sure that you’re getting a fair price based on the business’s value.
  3. Share the business: This isn’t always a popular option, but you have the ability to continue to co-own the business even after divorce. This route can help provide a steady stream of income, and you can even develop an arrangement where you and your former spouse aren’t both managing the business, which otherwise could lead to heated disputes.

Do you have a strong legal strategy on your side?

As you navigate the property division process, you need to ensure that you have a strong legal strategy ready to go. If you don’t, then you could be at risk of losing out on the financial resources that you deserve. So, if you’d like some assistance in figuring out how best to approach your case, then you might want to discuss the matter with your divorce attorney.


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