Successfully Dividing Business Assets in a Marital Divorce: Creative options for valuing and dividing private company interests

Marital divorces often involve conflicts, but this is even more likely to be the case when the marital estate includes substantial interests the spouses own together in private companies, which they are seeking to divide in their divorce action. Conflicts may arise over the following issues when this shared ownership in companies exists: (i) what is the fair market value of the interest in the business(es), (ii) what amount will one spouse pay to acquire the other spouse’s ownership interest in the business, and (iii) what payment terms are reasonable for the spousal interest. This presentation reviews options for spouses (and their advisors) to consider that may help them reach an objective value for their private company interests. The couple can then work on how to divide their ownership interests in a divorce settlement that prevents their divorce from dragging on for an extended time and at great expense.

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