If you or your spouse owns a business at the time of your divorce, it can seriously complicate the division of marital assets and other elements of your divorce resolution. Contrary to what you may expect, a business is often considered marital property, which means it may be among the assets that must be divided between you and your spouse. As such, it is important to determine how much the business is worth by obtaining a credible business valuation.
At Reifman Law Offices, we have represented Illinois divorce clients for almost 20 years, including in many high-asset divorce cases involving business owners. We can work with financial experts to help you value your business using the most appropriate method. From there, we can represent you in negotiations or litigation to help you hold on to your business assets or secure an equitable share of the marital estate.
One important decision when valuing a business in anticipation of divorce is the choice of a business valuation method. While some businesses have market value, others have values that are more closely tied to their assets and liabilities, or the skills and contributions of their owner. An experienced financial professional will be able to advise you on the valuation method that best fits the type of business you own. Options include:
Keep in mind that your spouse is likely to seek their own valuation of the business assets, and these competing valuations will likely come into play in property division negotiations or divorce litigation. We can help you use the information you obtain through a business valuation to protect your financial interests and achieve your priorities in a property settlement.
In a divorce, a business valuation will most directly affect decisions made regarding the division of marital property. In some cases, it may be necessary or desirable to sell a business or liquidate its assets in order to divide the profits between the two spouses. Obtaining an accurate valuation will help you ensure that both spouses get fair value.
However, it is often important for a business owner to retain possession of their business in a divorce, especially if it is their primary source of income. By determining the value of your business, you can be better prepared to buy out your spouse’s share of the business using other marital or non-marital assets. Conversely, if you know how much your spouse’s business is worth, you can better negotiate for your fair share of the marital estate.
The value of a business can also affect other elements of your divorce resolution. For example, the court will consider each spouse’s assets and financial resources when making decisions about child support and spousal support. Knowing how much a business is worth can help to determine how much the business owner should be expected to contribute.
We assist individuals and families in Cook, Lake, and DuPage counties.
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