How Will My Small Business Be Addressed During My Illinois Divorce?

 Posted on June 22, 2020 in Property Division

Typically, the more complex a divorcing couple's assets, the more complex the property division process will be. Dividing bank accounts and personal property like vehicles and household furniture is often much more straightforward than dividing a small business. First, the business must be classified as either marital or nonmarital property. Next, the business must be properly valued. Divorces involving businesses are often complicated, so getting guidance from an experienced divorce lawyer is crucial.

Is The Business Considered Part of the Marital Estate?

You and your spouse have the option to design your own property division arrangement during divorce. You may be able to negotiate property distribution concerns with help from your prospective attorneys or you may be able to reach an arrangement during family law mediation. If you cannot reach an agreement, the court will intervene and make property division decisions on your behalf. In Illinois, courts make property division decisions based on the theory of “equitable distribution.” Marital property, meaning property acquired by either spouse during the marriage, is divided in an equitable, or fair manner. Nonmarital property includes property acquired before the marriage, gifts, and inheritance. Nonmarital property is not divided and is instead assigned to the spouse who owns the property. If you acquired your business during the marriage, it will most likely be treated as a marital asset. If your business was inherited, received as a gift, or was obtained before you got married, it will likely be classified as nonmarital property.

Valuing a Business During Divorce

If a business is considered a marital asset, the court will use the value of the business during property division decisions. There are several ways to determine the fair market value of a business. The “income approach” to valuing a business involves calculating the present value of the estimated future income from the business. In an “asset approach,” the total value of the business’s assets is divided by the business’s liabilities. Another method for determining the value of your business is the “market approach” which estimates the approximate value by comparing the business to similar businesses that have recently sold. The value of the business will be used to determine how marital property is divided. If one spouse retains ownership of the business, the other spouse will likely be assigned marital property of similar value. Divorcing spouses may also decide to sell the business and then split the proceeds. In some cases, a divorcing couple may even decide to retain joint ownership of the business after divorce.

Contact a Kane County Business Valuation Lawyer

Deciding how to handle a business during divorce can be quite challenging. You may be unsure of what the best option is for your unique situation. For dependable legal guidance regarding property division, business valuation, and more, contact Shaw Sanders, P.C. Call our office at 630-584-5550 today and schedule a consultation with a skilled St. Charles divorce attorney.

Sources:

https://www.thebalance.com/business-valuation-methods-2948478

http://www.ilga.gov/legislation/ilcs/documents/075000050K503.htm