What Makes Dividing a Business Difficult in a Divorce?

 Posted on June 21, 2025 in Property Division

It is not easy to go through a divorce as a business owner. If you depend on your business for your livelihood, a messy divorce involving a contested division of your business could come with a heavy price. An Illinois family law attorney can look out for your best interests when it comes time to divide up your marital estate, advocating for your fair share of your business.

The division of a business should be handled delicately. At Roberts PC, we have experience negotiating for favorable outcomes in complex high-asset divorces. When you work with our firm, you will receive hands-on counsel and representation to help you properly evaluate and divide up your business.

Determining Who Owns a Business

Depending on the specifics of your divorce, you may not even have to divide up your business. When you and your spouse split up, all of your assets will be classified as either marital or separate property.

If your business was established before you got married, it is more likely to be considered separate property. On the other hand, a business established during the marriage could very well be classified as marital property. Your spouse may be entitled to some of your business interests if he or she worked at your business, or if marital funds contributed to the business’s growth.

Valuing a Business in a Divorce

If your business is deemed marital property, it will have to be divided up appropriately. However, without a monetary value attached to the business, it can be difficult to divide such an abstract asset. To remedy this, there are different methods of business valuation that you may employ, such as:

• Valuing your business based on market trends

• Valuing your business based on total assets and liabilities

• Valuing your business based on cash flow and potential for growth

There is no one right way to value your business. At Roberts PC, we can help you get an accurate estimate of the worth of your business so that it can be split fairly.

Dividing Business Interests in a Divorce

Once you have established how much your business is worth, you can negotiate for a settlement or verdict that suits your needs. If your spouse has business interests that need to be paid off, you could compensate him or her directly with your own assets. Alternatively, you could surrender an equivalent share of marital property to maintain sole ownership of your business. Oftentimes, it is more cost-efficient to handle these negotiations outside of court, but if necessary, we can go to court on your behalf.

At Roberts PC, we understand how important your business is to you. Our attorneys will pursue a solution that allows you to keep running your business without any disruptions. 

Contact a Wheaton, IL Family Law Attorney

A divorce can jeopardize your business’s long-term health. At Roberts PC, we can help you navigate the stresses of a dissolution of marriage. Our Naperville, IL divorce lawyers can advise you of your options to protect your business and help you work toward an optimal outcome. 

Our team of skilled negotiators is ready to assist with your divorce. Call our offices at 630-668-4211 for a free consultation.