What’s at stake
Protect the business and the agreement
A business is often a family’s most valuable — and most complicated — asset. Even when spouses agree on who keeps it, the settlement has to address ownership, any buyout or equalizing payment, business debts, distributions, and each spouse’s responsibilities after the divorce.
- Which spouse keeps, transfers, or shares the business interest
- Agreed buyout or equalization terms
- Business debts, guarantees, and liabilities
- Business accounts, distributions, and ordinary income
- Post-divorce responsibilities and releases
Is my business marital property?
A business started during the marriage is generally marital. A business owned before the marriage may still have a marital component if its value grew because of marital funds or effort. Florida also distinguishes between enterprise goodwill, which may be divided, and personal goodwill tied to an individual, which generally is not.