The Three Stages of Business Valuation in a Divorce

A couple's divorce can sometimes encounter a deadlock if either one or both parties own at least part of a business.  Property distribution is often an issue during divorce proceedings, and if that distribution involves business ownership, then there must be a value assigned to the business.


The three stages of a business valuation in a divorce require determining 1) own and owe, 2) what the business makes and 3) the business valuation.  Laws that dictate the distribution of a business interest vary by state, so the guidance of a business valuation expert who specializes in divorce valuation can prove critical when deciding who gets what and how much.

Own and Owe
The assets that a business owns include tangible property like equipment and machinery as well as intangible property like trademarks and patents.  The liabilities that a business owes include money, goods and services.  Each state maintains laws about how past, present and future revenue-generating business activities and debt must be handled. A valuation expert can better enable couples to successfully navigate these kinds of complexities.
What the Business Makes
Assessing the profits a business has earned is the simplest way to determine what the business makes.  Profits are the difference between income and expenses.  Income is the cash derived from the sale of goods and services as well as the money received from other business activities like investments.  Expenses are the direct costs incurred to produce goods and to deliver services as well as indirect costs like overhead fees for utilities and rent.

Valuation
Different methods may be used to determine the value of a business, but three common approaches are the asset, income and market methods. The asset method analyzes the difference between assets and liabilities, which, while seemingly simple, can become challenging when determining which assets and liabilities to include in the valuation. The income approach examines the likely earnings that the time, money and energy invested in the business will yield.  This approach must consider the risk of not receiving either all or part of the earnings when anticipated.  The market method considers the worth of similar businesses and uses market data to determine what can be considered the "going rate" for that type of business.
A business valuation expert can help a couple either avoid or overcome a deadlock that could otherwise ruin the business that they have built.  This kind of outside counsel is frequently the best strategy, particularly since the court has little ability to manage a business deadlock during divorce proceedings.