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How to a value a business in a divorce case

Divorce can be difficult no matter the specifics of a given case. However, for those who own businesses in Georgia and elsewhere, the end of a marriage can be especially complicated. First, it will be necessary to determine how much the business is actually worth. This can be done by having an appraiser or other valuation experts take a hard look at the company's financial records.

The value of the business can be determined based on how much money it makes or how much similar companies are worth. Whichever method is used to determine the value of a company, it is important that any and all available information is provided to the party that makes that determination. Withholding information could make it harder for an appraiser to come to the correct conclusion. When the value is determined, it is important that a spouse doesn't benefit twice from the asset.

For example, a spouse could try to get both maintenance payments based on the value of the company and a portion of the company itself. In most jurisdictions, this is referred to as "double dipping" and isn't considered to be an equitable distribution of the asset. Furthermore, if the company was owned prior to the marriage, then only appreciation that occurs during the marriage should be considered as a marital asset.

When a couple decides to end their marriage, marital property is divided according to state law. In some cases, the marital property could be divided based on the language provided in a prenuptial agreement. In the event that the agreement is found to be invalid, it may require that a couple renegotiates through either mediation or litigation. An attorney may represent an individual throughout the divorce settlement process whether a case is resolved through informal talks or a formal divorce trial.

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Hecht Family Law
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