How Businesses Are Treated in 离婚 Actions

• 2016年9月14日
• bet9九州体育登录线路
• 离婚

Discussions about 离婚 often center around two topics: children and property. 对于许多小企业主来说, the line between those two subjects is blurry and the worries are similar. 毕竟, building a successful business takes a lot of heart, 汗水, time, 奉献, 和耐心. When the uncertainty of 离婚 looms large, it’s common to wonder what will happen to your business. Most notably, how much will you have to share? Is my soon to be ex-spouse entitled to half? And, as with many legal questions, the answer is: it depends.

First, it matters exactly when the business began. If it was started before the marriage, then its value at the time of marriage is separate property that belongs to the entrepreneurial spouse. 然而, any increase in the business’s value between the marriage and the date of separation is marital property that must be included as part of the assets that have to be divided. The same goes for any business started after the marriage.

Second, it matters where you live. Nine states follow community property rules, which dictate that assets acquired during the marriage are split down the middle in a 离婚. 印第安纳州 and 肯塔基州 side with the majority of states that follow equitable distribution rules, which direct that assets obtained during the marriage should be divided fairly. Although this is not the same as equally, some divisions are 50/50. In determining how to divide marital property, a court may consider:

• The financial condition and earning power of each spouse
• The value of each spouse’s separate property
• The degree to which each spouse contributed to acquiring marital property
• The degree to which each spouse contributed to the education and earning power of the other spouse
• Future financial needs of each spouse
• Financial liabilities of each spouse
• The ages and overall health of each spouse.

Third, the value of the business must be established. This is a complex calculation that must address tangible assets such as bank accounts, 库存, 机械, 和建筑, as well as intangible assets like patents, 抵押贷款, 租赁, 应收账款, 和善意. Both enterprise goodwill (results from the business having established relationships with customers, 员工, and suppliers) and personal goodwill (results from the continued existence of a particular person associated with the business) are taken into account. Valuation drives property distribution, so it’s important to have a knowledgeable appraiser involved.

Finally, what happens if it is your business partner going through a 离婚?  What happens to his or her interests and voting rights?  Many of these issues can be resolved with well thought-out, strategic planning before a tragedy occurs.  If your business has not planned for these contingencies, you should speak with an 印第安纳州 business and succession planning lawyer who can protect your interests and plan ahead for what will happen within the business if you or your partner find yourselves in a 离婚.

These few concepts are the most basic when it comes to businesses as assets in 离婚 actions. This can be a very challenging issue that grapples with questions of controlling interests, 市场化, 双重, 和更多的. Because it is an extremely fact-dependent legal action, you should speak with an 印第安纳州 离婚 and/or business lawyer who can represent your interests and make the process go as smoothly as possible.

If you have any questions about this topic, you can find out more by discussing it with one of the attorneys at Church, Langdon, Lopp, Banet Law. We have years of experience helping people, and we can help you. 总部设在新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana including, 但不限于, 杰佛逊县, KY; Floyd County, IN; Clark County, IN; and Harrison County, 印第安纳州. For skilled representation, contact us by calling (812) 725-8224 or by using 我们的网上表格.