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.
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I had a complicated situation wherein I had to get a divorce through publication as my husband and I had not been in contact for 5 years and I was out of the US for a few years. (it was an abusive marriage) I reside in Buffalo and I spoke with several attorneys locally but I did not feel that any of the local attorneys were able able to understand my situation. Some suggested that I locate my husband, and each one of them wanted to start by identifying and listing the assets. Unsatisfied, I started looking for attorneys in NY city, and I found Ms. Brenner through Avvo. During the consultation, she was extremely kind and understanding and agreed to take on my case. Ms. Brenner helped me get a divorce through publication and she/her team took care of everything. All I had to do was provide her with documentation. I am grateful to Ms. Brenner for helping me get out of a sticky stressful situation. I would definitely recommend her to anybody in a similar situation. Thank you, Ms. Brenner.
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Lois acted as the mediator in my divorce, and she was absolutely excellent. It was a very difficult time for me personally, but Lois made the process as easy and painless as it could possibly have been. She listened to each of us separately, and made thoughtful and helpful suggestions. She is fair, and seemed to genuinely care about finding a solution that was best for both parties. Lois is perfectly qualified to handle this type of situation, given her background in psychology. She truly understands people, and used this ability to keep my ex-husband and I calm, and smoothly navigate a few tricky situations. I felt very understood by Lois, and think that she not just a top-quality attorney, but also a very decent person. She is responsive, and answered my emails within a couple of minutes every time. Highly rated!
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Lois Brenner was great to work with. She was very thorough and efficient! I would recommend Lois to anyone seeking an amicable divorce.- RW
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I just wanted to take a moment to personally thank you for the wonderful job you did mediating our separation agreement and putting this document together. You not only saved us hundreds of thousands of dollars but helped avoid what would have been a disastrous future in court. I'm grateful you did not give up on us. If I ever am involved in another situation like this, and I hope I never am, I would certainly recommend your services.- J.M.
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- Lois M. Brenner, Esq.
"My medical and legal training allow me and my team to look beyond the surface conflict of a divorce and understand the emotional and psychological dynamics often shaping it. When you understand what is truly driving the dispute, you are better equipped to protect your family, make sound decisions, and move forward with dignity."
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“First, you were so easy to talk to and second, you really know what you are doing!”- Sharon
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"Like at First Sight!" We consulted Lois on the best, most cost-effective way to get divorced. First, she extended a free in-office consultation to us. It was supposed to be one hour; it was an hour and a half. She was gracious, didn’t rush us, explained thoroughly all the ins and outs of going to court, and answered thoroughly lots of our questions. She also shared lots of great information on divorce mediation, which we really knew nothing about, and now we have decided mediation will be the best route for us. We knew in the first 10 minutes that we really liked and trusted her. We are starting our mediation process with her next week. We are really looking forward to working with her. We feel strongly she is the best person for us.- Jen
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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)