In California, business assets are typically a part of the marital community property. That means, if divorcing, division of property can be a lot more complex. There are many factors that go into the division of property generally and business assets specifically.
At Hoffer Family Law Firm, we help our clients navigate this difficult time in their lives, especially the property division aspect of the divorce. Community property means all marital property is pretty much split half and half. But it’s a little more complicated than that, especially when considering businesses.
Here’s an overview of what to expect if you have business assets and are in the middle of a divorce in Agoura Hills. If you still have questions or want to discuss your divorce with a Certified Family Law Specialist, contact our divorce lawyers today.
Businesses that are either wholly or partially owned by at least one of the spouses is property that may be subject to division and distribution during a divorce. The process of distribution is complicated when the business was established prior to marriage but it benefited from the other spouse’s contribution. The following factors will play a large role in how the business is divided and distributed:
For example, when a business is a private practice, then this has a big impact on who gets what and who controls the business after the divorce. A private practice includes anything like:
In these types of cases, you are the sole reason the practice exists. Your spouse may have participated to act as a manager or assistant (or vice versa), but the private practice can only exist due to the one spouse’s expertise. As such, the business will be evaluated, but the one who is the actual doctor, lawyer, therapist, etc., will retain control.
As for businesses established prior to marriage, these are typically separate property and would not be subject to distribution based on equal shares. If the other spouse, however, contributed in any way, either financially or otherwise, then the value of that participation will be considered and compensated. The problem is coming up with the value.
Valuing a business is important to ensure just and fair distribution during a divorce. But valuing can get complicated the larger the asset is. There are three approaches to business valuation:
When a business is undervalued, it can result in unfair distribution of marital property.
There are typically two ways a business during a divorce is distributed. These two types are:
These methods are based on state family case law. They are described in brief below, but you must keep in mind that there are many other factors, like those listed above, that will matter in the overall distribution and future control of the business.
This method values a business according to the efforts each spouse makes to the business during the marriage. Any increase in the value of the business during the marriage is also a part of the community property. A simple example of this method is described below.
When a couple married, the business was worth $200,000, and at the time of divorce, the business was worth $400,000. In this scenario, the $200,000 is separate property belonging to the spouse who initially owned the business. The $200,000 increase in value is marital property and will be split equally. The owner-spouse can buy out the other spouse or arrangements can be made through other assets – it all depends on the circumstances.
This method is used when the growth of the business is a result of external factors and not entirely the efforts of the spouses. When there are other owners of the business, then they are also contributing to the value of the business. In this case, only the efforts of the owner-spouse during the marriage are considered marital property. A simple example of this method is described below.
A business is valued at $100,000, and there are two owners. One owner married, and over the course of the marriage, the business increased to a value of $400,000. At the time of divorce, the separate property is $50,000 (the owner-spouse’s share of the business before marriage), and the marital property is $150,000 (the company increased in value by $300,000, and only the owner-spouse’s share is included in marital property, which is half).
To ensure that your business assets is properly divided during an Agoura Hills divorce, both parties must be willing to be transparent and to disclose accurate information about the company’s operations, including debts and revenues. First, it will have to be decided who is entitled to what property. Then the value must be accurately determined. Finally, the property must be divided and distributed.
As you can see, it’s a complicated, emotional process. Having the right Certified Family Law Specialist help you and guide you through it can make all the difference to a more equal adjust division. Contact Hoffer Family Law today.
Hoffer Family Law Firm
As you know, we are now living in uncertain times. Our society has shifted in ways that were completely unexpected 3-6 months ago. As a result, our priorities and actions need to shift as well. Remember, we cannot control the wind, but we can always adjust our sails. The Courts here in Southern California are closed for the foreseeable future. The Los Angeles County courts are taking filings and are hearing emergency matters. The Ventura County Courts are hearing emergency matters but are not taking filings at all. Currently, both court systems are scheduled to re-open in mid-May; however, given the current state of affairs, it is likely that the closures will be extended.
So, how do we adjust our sails? We set you up for success for when the Courts re-open, your case will be ready to go.
1. Video Consultations: All you need is a phone, an iPad, or a computer with a webcam and a microphone and we can have a video consultation. Please click here to schedule.
2. For Divorce Cases: For existing cases in Ventura County, we can prepare your disclosures, create a discovery plan and ready your case for when the court opens again. For Los Angeles County, we can file your Petition and related documents, prepare your disclosures, create a discovery plan and ready your case for when the court opens again.
My Advice to you!
3. Be physically and emotionally healthy! There is a lot of humor circulating about how people are gaining weight and getting drunk during this period. Don’t give in to that. This is the time to take stock and improve on those things you always wanted. It means reading that book you wanted to read. It means taking that online course you always meant to take. It means gaining that skill that you didn’t have time for. It also means not letting your divorce case sit unattended. There is always work to be done. Let us handle it for you. Take this period of time to be proactive!
Thanks for taking the time to drop by.
Jeffrey L. Hoffer
Certified Family Law Specialist – located in Agoura Hills, CA.