Dividing a Business or Compensating the Spouse

When one spouse is the owner or stakeholder in a closely held business, it creates a wrinkle in the marital property settlement. The divorce attorneys of Edwards & Associates are skilled at integrating a business or professional practice into property and debt division without jeopardizing the business itself.

We represent business owners and professionals (or their spouses) in divorce and property division under Georgia laws of equitable distribution. Our lawyers have extensive experience in high-asset divorce in the Greater Atlanta metro area.

Valuation of a Closely Held Business in Divorce

The first issue is determining what the business is worth. We have represented doctors, lawyers, dentists and others in professional associations, as well as entrepreneurs and partners in other types of businesses. Edwards & Associates can bring in business valuation experts to put a dollar figure on the enterprise for the purposes of divorce, or to counter a valuation hired by the other spouse.

Once a value is agreed upon (or determined by the court), the spouse must be compensated accordingly. If there are not sufficient assets to offset the valuation, the spouse can force a divestiture or liquidation. Our goal is to avoid any scenario that disrupts or splits the business. We instead look for creative solutions that do not disrupt operations or diminish value. That might be a trade-off of other assets such as the house or retirement funds, or in the form of ongoing alimony or a structured buyout over time.

Solutions for Complex Property Division

The divorce attorneys of Edwards & Associates are known for their expertise in handling high-asset, complex and difficult divorce cases. We consider the health and viability of the business, the overall property settlement and the long-term best interests of our clients. We are also sensitive to media scrutiny, privacy concerns and trade secrets in any valuation and litigation regarding a closely held business in divorce.