The Koblin Family Law Center

Is your business at risk because of your divorce?

If you are heading toward divorce, you are probably experiencing one of the most stressful times of your life. Faced with pressing questions and impossible choices, you are working against all odds to bring a brighter future from what may be a dark and emotional time for you. This may be even more of a challenge if your business is on the table for asset division.

Like many business owners, you may have invested your heart and soul, not to mention a great deal of money and time, into your business. Whether this was an enterprise you began before you married or after the wedding day, you have many options to consider to determine the fate of your business and potentially your livelihood.

What are your choices?

California is a community property state when it comes to divorce. This means that everything you acquire during your marriage, whether assets or debts, belongs equally to both of you. During divorce, the court strives to divide those marital assets equally. What does this mean for your business? Much of your answer will depend on certain factors, such as whether you signed a prenuptial agreement and whether your spouse is willing to negotiate. The most common choices include the following:

  • You keep the business and buy your spouse's share or trade with your spouse for other assets that are comparable, which may allow you to preserve the business and continue building its success.
  • You and your spouse keep the business and operate it together, which may be a short-term fix and will require you to work together amicably.
  • You sell the business and split the proceeds equally, which means the end of your business but allows you a clean break and a chance to start a new venture.

Any sale or transfer of business shares may have tax implications. You should be aware of these and learn how best to minimize them. Additionally, you will need a thorough and mutually agreeable valuation of the business that takes into consideration more than just the tangible assets. In fact, when seeking legal representation for your divorce, you would be wise to look for an attorney who has knowledge and experience with business valuation and who will help you explore your options and work toward your goals throughout the divorce process.

No Comments

Leave a comment
Comment Information

What Our Clients
Say About Us

View More Testimonials
  • “Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive. —” Jeff
  • "Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team. — "William
  • “Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case...” Robert

We Can Resolve Your Legal Issue Arrange Your Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
5700 Stoneridge Mall Road Suite 230 Pleasanton, CA 94588

The Koblin Family Law Center
5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

Phone: 925-298-2961
Fax: 925-203-9797
Pleasanton Law Office Map