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How should you divide your business in your divorce?

On Behalf of | Aug 3, 2023 | Divorce & Legal Separation |

Divorce often navigates a labyrinth of complexities, intensifying when a business stands at stake. As an entrepreneur facing a Colorado divorce, the future of your business may weigh heavily on your mind. You can choose from several strategies to shield your business and ensure a just division of assets.

Your understanding of the process and options available can profoundly influence the outcome. If the business ownership is under both your names or if the business experienced significant growth during your marriage, Colorado law becomes an essential aspect to comprehend.

Marital property and its implications

Colorado law views marital property as subject to fair distribution during a divorce. This legislation translates to a fair but not necessarily equal division of all assets acquired during the marriage, including businesses. So, if your business launched or expanded during your marriage, it may fall under marital property, necessitating a division of its value between you and your spouse.

Valuation of your business

The division of a business in a divorce begins with determining its value. A business valuation incorporates factors such as the company’s assets, profits, projected future earnings and prevailing market conditions. A professional appraiser can provide an impartial valuation, forming the foundation for discussions on business division.

Division options at your disposal

You can consider various methods to divide a business in a divorce. Selling the business and splitting the proceeds is one possibility. Another is one spouse buying out the other’s business interest, using other marital assets or through a payment plan. If both spouses want to continue operating the business, they can decide to keep co-ownership post-divorce.

Settlement negotiation

Once you know the value and different division options, you can start negotiating a settlement with your spouse. Reaching an agreement can circumvent the necessity of court intervention in deciding your business’s fate.

The division of a business in a Colorado divorce invokes a complicated process demanding careful consideration and planning. Doing this can help you reach an outcome that safeguards your business and upholds the principles of equitable distribution.

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