What Makes Dividing a Business Difficult in a Divorce?

 Posted on December 15, 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. Dividing a business in a divorce is often difficult for several other reasons. It will usually involve determining whether it is marital or separate property, getting a professional valuation, and splitting it appropriately with your spouse.

At Roberts PC, our Wheaton, IL family law attorneys have assisted DuPage County clients with complex divorce issues for over 40 years. Moreover, Attorney Chuck Roberts has personally represented business owners and individuals with private practices throughout contentious cases. 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 in a Wheaton Divorce

Based on data provided by the U.S. Centers for Disease Control and Prevention, the national divorce rate sits roughly around 33 percent. Married business owners should factor in the possibility of divorce, even if you are in a happy, committed relationship. Your company may be significantly impacted by your marriage ending, so proper planning is important.

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 under 750 ILCS 5/503.

As of 2026, if your business was established before you 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 as a Marital Asset in 2026

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 solve this, there are different methods of business valuation that you may use, 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. Our divorce lawyers can help you get an accurate estimate of the worth of your business so that it can be split fairly.

What Can Increase the Value of a Business in a Divorce?

One thing that can raise the value of a business in a divorce is strong intellectual property. Patents, trademarks, and copyrights show that your company has unique ideas or branding. When you own these rights, buyers and courts see your business as more valuable. It can also help to document how you developed your innovations. 

As a business owner, it is important to keep detailed records of research, design changes, and development costs. This evidence can support a higher valuation. Finally, having registered and enforced intellectual property makes it harder for competitors to copy your work. That protection gives your company more worth in a legal setting.

What Can I Do if My Spouse Owns an Interest in My Business?

If your spouse has a claim to part of your business, you have several options. We can walk you through your options to help you make the most sensible decision.

Maintain Joint Ownership

If you choose to keep the business together, you and your spouse remain co-owners. You both share profits, losses, and decision-making. This option may work if you still trust each other and can agree on goals. You will need a clear operating agreement that spells out each role. It should explain how you will handle disputes, cash withdrawals, and future sales. 

You might also want to bring in a neutral mediator or advisor. The mediator can discuss tough choices with you and your spouse and work with you to keep the business running smoothly.

Buy Out Your Spouse’s Interest

Another option is to buy out your spouse’s share of the company. In this case, you pay your spouse a fair price for their ownership stake based on a professional valuation. Once you agree on a number, you can set up a payment plan or arrange a lump-sum payment. This option gives you full control of the business and lets your spouse move on. It may also simplify future decisions and avoid conflicts down the line.

Sell the Business

If no other favorable agreement can be reached, you and your spouse could agree to put the company on the market. This choice frees both of you from ownership duties. You split the net proceeds based on your ownership percentages. 

Before you list the company, you may wish to improve its appeal by organizing financial statements and showing consistent revenue. A tidy operation can draw more buyers and a better price. Once the sale is completed, each party can use his or her share to start fresh or invest in new ventures.

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 Glen Ellyn, 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.