If you and your spouse are divorcing but share ownership of a business, its value must be accurately determined to ensure an equitable division of assets. This can be a long and complicated process, one that requires the use of experts to make sure no detail is overlooked.
Our firm boasts an in-house CPA to watch out for our clients' interests when it comes to proper business valuation. It is also important to work with an attorney who is familiar with these matters to ensure your interests are fully protected, which is why you should turn to our team today.
Since California is a community property state, that means that each spouse is entitled to one-half of the marital assets when they divorce. When a couple that owns a business gets divorced, it is important to determine if the business is community or separate property. If the business started before the marriage, there may be an argument that it is separate property. If that’s the case, the business assets might not be subject to equal division. However, if the business started during the marriage, it is likely community property and its assets will likely be subject to equal division.
Once the businesses value has been determined, one spouse can either buyout the other one through a cash payment, a payment plan, or a cost offset against other community property.
Generally, business valuators take one of the following approaches when they determine the value of a business: income-based approach, asset-based approach, or a market-based approach. Each approach generally takes into account the following factors:
Business valuation can be one of the more difficult issues to resolve in a divorce With our extensive experience with this specific area, our attorneys can pursue a resolution that checks all the boxes, protecting your financial security and your company, no matter your specific needs and objectives.
With the right attorney in your corner, you can avoid costly business valuation mistakes:
At Moshtael Family Law, we have well over a century of collective family law experience and can provide the legal representation you need. We also have access to the right type of professionals to determine your company’s worth and then protect your interests during litigation, mediation, or settlement proceedings. Our divorce lawyers can help you identify your goals and then work to reach these.
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