How to protect your company when divorcing your business partner

On Behalf of | Dec 4, 2024 | Property Division

Divorce affects everyone profoundly, but the stakes soar even higher when it involves your business partner. The company you built together, with hard work and shared vision, becomes vulnerable during this process. Protecting it is essential.

When business and personal lives intertwine, divorcing a business partner creates unique complications. You face both emotional and legal challenges while trying to preserve your company. Several methods can help you manage this tough situation and secure your business interests.

Understanding the legal context

In Tacoma, as in many states, businesses started during marriage are often considered shared property. Your spouse and business partner might claim part of the company’s value. To protect your business:

  • Write a prenuptial or postnuptial agreement
  • Keep clear financial records
  • Split business and personal finances
  • Set up a buy-sell agreement with your business partner

These steps can clear up ownership issues when divorcing a co-owner. However, every case is different. Consulting with a divorce attorney experienced in business asset division is advisable.

Valuing your business and buyout choices

When divorcing a co-owner, you need to know your company’s worth. Courts often ask experts to evaluate:

  • Assets and debts
  • Cash flow and income
  • Market conditions
  • Goodwill and reputation

These factors help set a fair price for your business. Once you know this value, consider your options:

  • Buying your partner’s share
  • Keeping the business together after divorce
  • Selling everything and splitting the money

Your choice depends on your relationship with your ex-partner. Think carefully about what’s best for you and your business. The business needs to stay on track, regardless of how you decide to move forward.

Keeping the business running

Focus on maintaining normal business operations during your divorce. Inform employees as necessary, but preserve privacy. Communicate with clients and suppliers to retain their trust in your company.

While handling daily tasks, plan for the future. Think about how your changing relationship with your partner might affect the business. Decide how you’ll make choices, manage finances and make adjustments after the divorce.

To help with these challenges, consider mediation. Many courts offer this service, which can help business partners find solutions for both work and personal issues.

With careful planning and clear communication, your business can survive this difficult period and potentially grow stronger.