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Attorneys Amy M. McKinlay and Kerry E. Hageman-Froelich

How is a business valuated during divorce?

On Behalf of | Feb 7, 2024 | Asset Division

Determining the value of shared business interests is a critical and often complex process that occurs during the property division process. It establishes a fair market value for the business to bolster the chance of an equitable distribution of assets between the parties.

This process thoroughly examines a business’s financial health, market position and potential for future earnings. It’s a multifaceted assessment that requires the experience of financial professionals, often necessitating the involvement of certified business appraisers or forensic accountants.

Business valuation process

The business valuation process begins with collecting and analyzing various business documents and financial statements, including balance sheets, income statements, cash flow statements and tax returns. These documents provide a snapshot of the business’s financial status and are crucial for assessing its value accurately.

Appraisers may review business plans, employment contracts, leases and customer contracts to better understand the potential for sustained profitability. This comprehensive review helps identify the business’s tangible and intangible assets, such as intellectual property, brand value and customer relationships, which can significantly impact its overall value.

Understanding the methods of business valuation

Several methods can be used to value a business. These include:

  • Asset-based approach: Focuses on the company’s net asset value, calculating the difference between the total assets and liabilities
  • Income approach: Estimates the business’s value based on its ability to generate future earnings
  • Market approach: Compares the business to similar companies sold recently, providing a market-based perspective on its value

The choice of valuation method depends on the nature of the business, its size, and the industry in which it operates.

Once a business valuation is completed, its outcome can play a pivotal role in negotiating the division of a couple’s marital assets. The business might be given to one spouse in exchange for other assets, it may be sold with the profits divided or an agreement can be made to continue joint ownership. It’s critical for each party to have a legal representative review the valuation in order to more accurately determine which approach may be in their best interests.