Personalized Attention. Powerful Representation.

Live Chat

Connect Now

Personalized Attention. Powerful Representation.

Live Chat

Connect Now

What happens to a business in a divorce?

When a marriage ends, the divorcing couple must decide how to divide the marital assets. Unless otherwise outlined in a pre-or post-nuptial agreement, all assets acquired during the marriage are considered marital assets under Massachusetts divorce law. This includes money as well as personal property, stocks, real estate, debt, and business interests.

The division of assets can be a complex and emotional process, which is why experts are needed, especially when a business is involved. Each spouse typically hires different experts to present the business value according to their individual goals.

There are three approaches used to value a business. The most common approach is the income approach, which attempts to assess expected economic benefits. Historical financial business data is used to calculate projected benefits. The final outcome also considers potential risks that could negatively impact such benefits.

Another approach may assign a total value to business assets; this is known as the asset approach. Tangible assets—those related to the management and operation of the business—include cash, inventory, and equipment. Intangible assets, on the other hand, involve rights to business trademarks, patents, or copyrights. Liabilities will be subtracted from the assets to determine a final business value.

The third approach compares similar businesses which have been sold to determine a market value. While this approach considers recent transactions to evaluate the business worth, transactions involving sold businesses may result in valuations that are too high or even too low for the business in question.

With so much at stake when valuing and dividing large marital assets, such as a business, it is essential to seek legal and other professional guidance to protect your interests during a divorce. For more information about evaluating your business for a Massachusetts divorce, contact our office today.

Facebook
LinkedIn
X
Pinterest
Threads
Email

Search by Keyword

209A abuser's history of violence alimony alimony order changes Alimony Reform Act of 2011 annulment assets bankruptcy beneficiary best interests of the child business business assets child custody child custody modifications child support child support adjustments child support guidelines Client Case co-parenting Collaborative Divorce college Coronavirus court-approved modifications courts COVID-19 custody rights date during divorce de facto parents Division of marital assets Division of Marital Property Division of Property divorce divorce agreement Divorce Later in Life divorce law Divorce Laws divorce process divorce settlement DIY divorce Domestic Abuse Equitable Distribution Essex Probate and Family Court Estate Plan evidence Experienced Divorce Attorney family law Fault Grounds filing for divorce grandchild visitation grandparent custody grandparent visitation gray divorce gray marriage Grounds for Divorce Guardian Ad Litem Guardianship Harassment Orders health care proxy health insurance coverage high net worth HIPAA holidays inheritance ira joint taxes legal advice legal requirements licensed attorney likelihood of continued harm Long-term marriage divorce marital estate marital home marriage marriage fraud Massachusetts Massachusetts Appeals Court Massachusetts divorce Massachusetts family law Massachusetts family law attorney Mediation nature and severity of abuse No-Fault Divorce non-biological parent out-of-state divorce Parental Unfitness Parenting Coordinator parenting plan paternity Pension plans personal finances pet visitation Post-divorce modifications postnuptial pre-nup prenuptial Prenuptial agreements property division Protective Orders relocation residency requirements retirement Retirement accounts Spousal support taxes trusts uncontested divorce Uniform Fraudulent Transfers Act visitation Will + Show All Tags
Need Legal Assistance?

Don’t wait to protect your rights. Contact us today for a free consultation and let our experienced team guide you through your legal challenges.