In the tumultuous process of divorce, businesses owned by one or both spouses often become entangled in the legal proceedings. Without proper precautions from the help of a divorce lawyer experienced in these cases, a divorce can pose significant risks to the stability and continuity of a business. To safeguard your business interests during divorce proceedings, it’s essential to understand the potential pitfalls and strategies for protection.
Business Valuation
One of the first steps in protecting your business during divorce is determining its value accurately. Our friends at the Law Office of Daniel E. Stuart, P.A. emphasize the importance of obtaining a professional valuation. This assessment provides a clear understanding of the business’s worth, ensuring fair distribution or compensation during property division. Contact a legal professional near you for help with this. If your lawyer believes you will need another professional to value your business, they will be able to point you in the right direction.
Pre-Nuptial And Post-Nuptial Agreements
Pre-nuptial and post-nuptial agreements can be powerful tools for safeguarding business assets in the event of divorce. These agreements outline how business interests will be handled, including ownership rights and distribution in case of divorce. Seeking guidance from a lawyer experienced in business matters can help ensure these agreements are comprehensive and legally enforceable.
Business Structure
The structure of your business can significantly impact its vulnerability during divorce proceedings. Limited liability companies (LLCs) and corporations offer greater protection of personal assets, as they are separate legal entities from their owners. Ensuring proper documentation and adherence to corporate formalities can strengthen this protection. Complications will arise if both you and your spouse own the business together, but a lawyer can help. This might look like one side buying out the other with a long-term agreement or some other arrangement that allows you to stay or go as you choose within the business.
Business Operations
Maintaining clear and separate business operations is crucial in protecting your business during divorce. Commingling personal and business finances or using business assets for personal expenses can weaken your position in divorce proceedings. Keeping meticulous financial records and avoiding actions that could blur the lines between personal and business assets is essential. An example of this would be if you went out to eat with your spouse, be sure to use your personal credit card and not a business credit card — this is good practice in general for tax purposes, but it is especially important in cases where the business will need to be separated from someone else.
Settlements
In many cases, negotiating a settlement outside of court can be the most effective way to protect your business interests. Attorneys will emphasize the importance of working with a skilled legal professional who understands the complexities of business ownership and divorce law. A settlement can help minimize disruption to business operations and preserve value.
Divorce can pose significant challenges to business owners, but with careful planning and strategic guidance, you can protect your business interests. If you are thinking about filing for divorce and you own a business, reach out to a lawyer near you for help.