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Safeguarding your business during a divorce

On Behalf of | May 27, 2024 | Divorce

Divorce goes beyond untangling the married life of two individuals. It is a complex legal process with far-reaching consequences that can significantly disrupt your professional life and finances.

The stakes are even higher for business owners seeking to protect their businesses from assets division and potential ownership disputes. When it comes to divorces involving such high-value assets, it is crucial to take proactive steps to ensure stability during such a challenging time.

Understand marital property division

In Maryland, like in many other U.S. states, the court splits everything up in a way that is fair for both individuals in a divorce. If your business falls under your marital properties, its value could be subject to division. Knowing this can help you better prepare and take steps to protect your business interests.

Keep business and personal finances separate

One of the most effective ways to safeguard your business is by keeping your company and personal finances separate. This separation can help establish that the enterprise is an independent entity, not just an extension of your personal assets.

Marital contracts like prenuptial or postnuptial agreements are powerful tools in protecting high-value assets like businesses during divorce proceedings.

Document business contributions and value

If your spouse has contributed to the business, the court may consider them entitled to a share. This contribution may include a wide variety of actions, like direct involvement or supporting you while you build the business. It would also help to have a professional valuation of your business to establish a clear picture of its worth.

Divorce can have significant ramifications for a business, making it crucial to consider the long-term effects of each decision. Will you need to buy out your spouse’s share? Could the settlement disrupt business operations? Thinking ahead can help you make decisions that protect not only your immediate interests but also the future of your business.