Business Partnerships & Corporate Entities in Divorce

Do You Own a Business with Your Spouse?

The strain of a divorce is usually an emotional time and a financially uncertain one. Partners who are ending a marriage and who own a business together, however, can face even more challenges. These situations are common, with over a million U.S. businesses being owned and operated by married spouses, but they raise unique circumstances and difficult questions in the face of divorce. How many of these businesses manage to survive?

Business assets in a divorce settlement are often the subject of conflict. For this reason, you will want to retain the services of Lois M. Brenner, Esq., a highly skilled New York divorce attorney. Over the last 35 years, our lead attorney has helped many divorcing business partners successfully manage their complex and sophisticated joint business interests, making her uniquely qualified to handle the financial challenges involved in your case.

How Business Relationships Are Addressed During Divorce

It is common legal advice for married business partners going through a divorce that one partner buy out the other. Because there is an objective measure of value inherent to a business, separating partners can arrive at objective figures and then divide. However, when business assets are distributed, payments are not always lump-sum, and may involve slower payments over time or without interest.

It is to the advantage of both spouses to cooperate, since the business may support both spouses in post-divorce life. In some cases, separating partners may not have the same goals or interests with respect to the business, which makes selling a business and splitting funds an equitable option. Although it is an option, it is a risky choice for partners who will soon be in divorce court.

Sometimes, one partner may keep the business and the other keeps different assets. Separating spouses have a lot to consider, and even more so when those spouses own a business together. As with many other issues that arise in divorce and family law proceedings, the best option depends on whether spouses can amicably arrive at agreements and the unique facts and circumstances involved. When there are difficulties, working with an experienced attorney should be a priority. We can help you analyze the possibilities.

To learn more about how we can help, call Lois M. Brenner, Esq. today at (646) 663-4546.