I'm sure you're thinking at this point that the divorce process does not seem as simple as you originally thought, and typically if it involves a business valuation and or more complicated financial issues , then you could be correct. There are other options to getting divorced depending upon your situation , your relationship with your spouse , your communication history with your spouse , or even depending upon your financial situation.
Read MoreThere are many times when a business owner has owned a business for several years prior to the marriage. So we talk about these issues as the difference between separate property and marital property. Separate property was owned prior to the marriage and an expert might come in and “trace” the assets to determine if they are still separate or have been co-mingled or turned into marital property.
Read MoreAlmost all business owners think that the business would be worth nothing without them. Maybe the business owner is the primary sales person or driver of the business, or maybe they have all the relationships with all of the clients, or maybe they have special training or a proprietary process that makes them unique. I think most business valuation people understand that the business is heavily reliant upon the main owner, especially in small businesses, but that usually does not mean that the business is worth nothing if the owner steps aside.
Read MoreI have seen times where a judge will allow a divorcing couple to continue to own the business, but usually that is because both people are highly involved in the company and they request to stay owners. Even then, it is a sticky situation for the judge. Typically, the courts want to see one person maintain the business and the other person no longer in the business.
Read MoreTypically we recommend you continue to run your business in the same manner as you did prior to the divorce and not to make any decisions that you think will make the value lower (or higher) or do things that you think are more advantageous in the divorce litigation. Here's the thing - most of the time if you decide to do something different in order to increase debt or reduce your profit which you think will help you, it could potentially backfire on you.
Read MoreMost people will want to do some pre-divorce planning or at a minimum know what the business is worth before they even decide whether to get divorced. Typically the business owner will reach out to a valuation expert and say “I want to try to get a valuation number because I'm doing some strategic planning” or “I just want to know what the business is worth for internal purposes”.
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Some financial consultants will specialize in valuation services when the divorcing parties own any marital or separate businesses. They can also analyze the various assets owned by the parties, such as houses, retirement plans, pensions, stock options and show different settlement scenarios.
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Understanding whether you need a valuation has to do with several factors, some of them are about the business and some of the factors are about the strategy for testimony regarding valuation and maintenance issues.
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Some financial consultants will specialize in valuation services when the divorcing parties own any marital or separate businesses. They can also analyze the various assets owned by the parties, such as houses, retirement plans, pensions, stock options and show different settlement scenarios.
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Some simple questions you can ask your client are in reference to profitability, is the company making money or profitable? Has the revenue stayed the same as the past couple years or is it significantly different, either up or down? Does the owner receive a salary from the company or possibly distributions? You can also ask whether the company is a start-up or if there are any trademarks, patents or proprietary systems.
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Strategically you may want a valuation if the other party has already hired an expert, or if there is any concern about whether a business asset is marital or separate, or if there are several companies involved and the business structure is complicated.
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Many attorneys and business owners want to know about alimony guidelines or spousal support issues regarding a divorce in Missouri: What happens after you file divorce papers? Is there a way to determine alimony with a spousal support calculator online?
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If you own a business and are getting divorced you may consider your current CPA to value your business. Here are some questions to ask!
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In the divorce litigation world, attorneys will talk about maintenance, which is the same as alimony or spousal financial support. It is the payment from one spouse to another for household expenses.
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The reality is that alimony, child support and company valuation issues are complicated matters. Business valuations are usually handled by people who have many years of experience and a business valuation credential such as CVA, ABV or ASA which are just some of the available certifications.
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What happens when you own a company and you file divorce papers? Well the first step is to contact an attorney who you trust to handle your case.
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