What to do about a business when divorcing

By |2022-04-07T18:24:45+00:0017 Feb 2017|Categories: Divorce|

WHAT TO DO ABOUT A BUSINESS WHEN DIVORCING

All those years ago, when you and your spouse started your business together, you had no way of knowing what the future would hold. Time passed and your business grew. But unfortunately, your relationship also changed and now you are facing a divorce. Divorce for any couple is complicated, but especially so for couples who are also business partners.

So, what is the best way to address your business interests in regard to your divorce and subsequent settlement? Well, you have  several options. One possibility is for one partner to buy the other’s share of the business. Perhaps the least expensive way to pull this off is with a bank loan.

So, what is the best way to address your business interests in regard to your divorce and subsequent settlement? Well, you have  several options. One possibility is for one partner to buy the other’s share of the business. Perhaps the least expensive way to pull this off is with a bank loan.

You could also set up a property settlement note. A property settlement note is a long-term loan, including interest, that one spouse pays to acquire the other spouse’s business shares.

But if neither you nor your spouse is interested in taking full control of the business, you may want to simply sell it and split the profits. The upside of this idea is that you can each walk away with money that can seed your next venture. On the downside, it is not always easy to sell a business. This means that you and your spouse could be having to work together for a prolonged period of time.

These are just a sample of the possible ways in which you and your soon-to-be ex-spouse could handle your shared business interests. But such an important decision will no doubt have plenty of variables that are applicable to your unique situation.

So, before you make any final resolution about how to split your  shares of a business, you may want to consult with an experienced divorce attorney. The attorney can help you assess your current situation, your prospects, and your goals so you can make a settlement plan that best suits your particular needs.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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