In a divorce, businesses are treated as assets and subject to division between the parties. Obviously, the party who owns the business usually continues to operate it, but will typically owe the other spouse money or a credit against another asset for his or her spouse’s marital share of the business. Owning a business during a divorce usually requires (1) that the value of the business be ascertained; and (2) that the spouse’s share be determined. The value of the business is usually determined by a forensic accountant trained and qualified to conduct business evaluations. The other spouse’s share of the business is usually negotiated.
To learn your rights about a business interest during a divorce, call one of the attorneys at Iandoli & Edens at (908) 879-9499.