Marriage entwines two lives in many ways. Property and assets are a big part of that intertwining, which is why dividing it in a divorce can be a point of contention. If you were not only life partners but business partners too, that can complicate the division of assets even further. Here are some items to consider when divorcing as married business partners.
Divisible Asset
Whatever type of business you own, a lot of hard work and dedication went into making and keeping it prosperous. It is also considered an asset. When going through a divorce, everything with a monetary value will be subject to division.
Business Origin
Whether or not you started the business together as a married couple may factor into how you split a business. If it was created prior to your marriage, then the court will take into the value at the start of your marriage and the value at the time of your divorce. Did that value increase, decrease, or remain steady? The final settlement is impacted if you used resources shared with your spouse to invest in the company. Similar considerations will be made with community benefits if a family member hands down a company. If outside investors, other business partners, or shareholders need to be factored in, then this may make the process of deciding the separation amount even more difficult.
Dividing Options
The most common method is to have one partner buy out the other partner and continue running the business. On the chance that one partner runs the day-to-day operations and the other is more of a “silent” business partner, this strategy would be a good choice. Perhaps dividing the business equally with each partner running their half would be an option. If the two of you are splitting amicably, it is also possible to run the business together, should you decide. In the event that an agreement cannot be reached, selling the business and dividing the profit will be the likely case.
Hiring a law firm familiar with divorce proceedings and dividing a business will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.
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