Common Mistakes Business Owners Make in Divorce (And How to Avoid Them)
Common Mistakes Business Owners Make in Divorce (And How to Avoid Them)
Divorce is a complex process for any couple, but for business owners, it presents additional legal and financial challenges. The fate of a business can become entangled in divorce proceedings, potentially jeopardizing its future. At Roderick Linton Belfance, LLP, we help Ohio business owners navigate these complexities and avoid common mistakes that can lead to costly consequences.
1. Failing to Separate Business and Personal Finances
One of the most common mistakes business owners make is not keeping their business finances separate from personal assets. If business and personal funds are commingled, it can be difficult to prove which assets belong to the business and which belong to the marital estate. To avoid this, maintain separate accounts and records and keep detailed financial documentation.
2. Underestimating Business Valuation
Business owners sometimes assume their valuation will be straightforward or that their spouse will accept their estimate. However, courts require a formal business valuation, often conducted by financial experts. Undervaluing or overvaluing the business can lead to unfair settlements. Working with an experienced business appraiser ensures an accurate valuation.
3. Not Having a Prenuptial or Postnuptial Agreement
A well-drafted prenuptial or postnuptial agreement can clarify how a business will be treated in the event of a divorce. Without one, a business may be considered marital property, subject to division. Business owners can protect their interests by proactively creating a legal agreement outlining ownership rights.
4. Ignoring the Impact of Divorce on Business Operations
Divorce can be time-consuming and emotionally draining, leading to business neglect. Some owners find themselves distracted, which can impact productivity and revenue. Establishing a clear strategy, delegating responsibilities, and seeking legal guidance can help ensure business continuity.
5. Trying to Hide Business Assets
Some business owners attempt to shield assets from division by transferring ownership, hiding income, or manipulating financial records. Courts take a strict stance against such practices, and if discovered, it can lead to penalties and unfavorable rulings. Transparency is key to avoiding legal repercussions.
6. Failing to Consider Buyout or Settlement Options
If a business is considered marital property, the spouse may be entitled to a portion of its value. Business owners should explore buyout or settlement options to maintain full control. This might involve structured payments, asset exchanges, or refinancing.
7. Overlooking Tax Implications
Dividing a business in divorce can have significant tax consequences. Missteps in asset division, buyouts, or restructuring can lead to unexpected tax liabilities. Consulting with financial and legal professionals ensures tax-efficient solutions.
Protecting Your Business in Divorce
Business owners facing divorce must take proactive steps to safeguard their business interests. At Roderick Linton Belfance, LLP, we assist Ohio business owners in structuring fair settlements while minimizing disruptions to their operations. Proper planning, expert valuation, and strategic negotiation can help protect both the business and personal financial well-being.



