Parties that have started, acquired and/or developed their own business entity during a marriage must face in divorce the often-difficult issue of valuing and dividing the entity and it’s assets. The parties’ respective role in building and maintaining the business, as well as its value, are common issues in cases involving the division of a marital business. It is often necessary in these cases to partner with real estate and valuation experts to sort through the complexities of valuing and dividing a business entity acquired during a marriage.
In some cases, the pertinent issue becomes whether a business was acquired during the marriage, subjecting it to division in a divorce or whether the entity was pre-existing, exempting it as marital property. We have successfully litigated dozens of cases and obtained favorable results both for clients seeking to divide a business as marital, as well as those clients asserting that a pre-existing business should be treated as separate property, not subject to division as a marital asset in a divorce action.