Included among the assets subject to equitable distribution during a divorce are businesses. Unlike many assets, the valuation and distribution of a business can sometimes present unique problems. There are different methods that can be used for business valuation. Some are more scientific and accepted by the Courts than others. The process of obtaining business valuations can be costly and burdensome. We can help guide you in the proper direction.
If a business was created prior to the marriage and the other spouse was not a part of the business, they are not necessarily entitled to a 50% stake in the business and there are important issues to negotiate.
It is also important to understand that distribution of a business can play a direct role on the amount of spousal support awarded. Often times, if a business supported the marriage, the amount of support can be waived or increased based on whether or not a marital business is divided. Every business situation is different and must be addressed on a unique case-by-case basis. At Garces, Grabler, and LeBrocq, we are here to advocate for you in this important issue.