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Business Valuations and Divorce: How it Works

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Though there are sometimes issues when it comes to children and a parenting schedule in divorce, there are almost always more issues when it comes to property division. After all, property division – which also means placing values on everything you own and are going to divide as marital property – comes with its fair share of disputes.

Nowhere is this truer than in valuing a business. What a business is worth is often highly discretionary, even between experts. Because of this, it’s important that you work with your Naperville divorce lawyer so nothing is left to chance, especially in something as important as valuing a business.

Why is it so Difficult to Value a Business?

There are several reasons why business valuations can be complicated. One of the most prominent is that in many cases, both parties are involved in the business. Because of this, it can be difficult to determine who has contributed what to the business.

At a more basic level, even if one spouse isn’t involved in the business, but the business is still marital property, they might disagree on what the business is worth. This could be because they view the business and its direction – and prospective success – differently, or because one has a more innate understanding of the business than the other.

Of course, there are also cases in which an entire business isn’t marital. In fact, part of a business might be non-marital, and then experts must determine the valuation of the marital and non-marital portions, which can be even more complicated.

Because no average individual – even someone intimately involved in a business – can value their business, you should rely on your divorce lawyer, and an expert that they will more than likely recommend, to value your business. Your spouse will do the same, and the court will then determine the final valuation if you and your spouse cannot agree.

How a Court Divides Businesses

All property in divorce is split according to principles of equitable distribution. This means only that the court starts from the presumption that property is going to be divided equally, though this is hardly ever the case.

From there, the court will entertain expert testimony on the valuation of the business. However, that’s not all! For example, if the husband is earning more from the business, the wife might be given a larger share upon dissolution of marriage as a result. Of course, every case differs greatly depending on a number of different factors, including the settlement of other marital property and debts. And, as such, it’s important that you have a skilled Naperville divorce attorney working with you on your case.

Contact Lawrence R. Surinak Ltd. for Assistance with Your Valuation, and More!

With over 37 years of experience in divorce, including property and business valuation, Lawrence R. Surinak Ltd. is your resource when you want to ensure a fair division of property upon divorce. Moreover, with extensive experience comes an extensive network of proven experts, ensuring that your valuation is done with precision.

If you’re interested in talking more about how businesses are valued, or want to discuss other important details about your case, contact Larry for your free, 30-minute consultation at 630-470-9990. If you prefer, you can also set up an in-office appointment using our convenient online form found here.

We look forward to speaking with you, and assisting in your case any way we can!

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.