If spouses co-own a business, how will it be divided on divorce?

By Cynthia Ann Brassington
September 06, 2017
If spouses co-own a business, how will it be divided on divorce?

Before we talk about parties continuing to co-own the business, we need to identify what kind of business it is. Is it a sole proprietorship? In that case it would not apply because it's only one owner. But both parties may work in the business. Is it a partnership in which they both own 50 per cent? Is it a corporation or an S-corporation?

The next question to ask, is it the kind of business that the parties can continue to work at? Are both parties active in the business and are they able to put aside their differences in order to continue to work in the business because both parties bring value to the business by their specific contributions? That is not common. What is more common is we value the partnership, or the corporation, or the sole proprietorship, we put a value on it and then we discuss one party buying out the other party in accord with what percentages might be equitable under their circumstances.


New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.

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September 06, 2017
Categories:  Financial Issues|FAQs

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