Can I lose my business in a divorce?

Can I lose my business in a divorce?

In most cases, the simple answer is “no.” That said, a business will likely be considered a marital asset that will be valued as part of the financial analysis in the divorce. Assets (less liabilities) owned by both or either spouse during the marriage are generally considered part of the marital estate.

How is a business valued in a divorce?

If the business interest was acquired during the marriage, with joint funds, it is considered marital property, and the value should be shared by the spouses equally. If the business interest was owned prior to the date of marriage, or acquired with separate funds, it should be considered separate property.

Are assets in an LLC protected from divorce?

Forming an LLC or corporation can help protect your business assets in case of divorce, especially if you incorporate before you get married. But it’s important to ensure that you don’t use marital assets to pay for company expenses. If you do, the court could determine that the company is actually marital property.

What happens with a business in divorce?

Ordinarily the value of the business hinges almost entirely on the personal reputation of that individual. The books and records of the business will need to be disclosed to the other spouse. The court will take the business into account as a future financial resource of the spouse retaining the use of that business.

What counts as assets in divorce?

When a couple is divorcing or separating, they generally have a variety of assets that will need to be divided between them. Assets might include a home or other real property, a business, bank accounts, or retirement accounts. Below is a list of the most common assets divided in a divorce.