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Family & Divorce

Divorce Business Valuation

The appraisal is in, or soon will be, and the number does not look right to you. In a divorce business valuation, the figure at the end is only as sound as the adjustments and assumptions that produced it.

Reviewed

01 GUIDE

Divorce Business Valuation: what usually happens

A business that began before the marriage

When a company was founded before the wedding, the starting value is often separate property and the dispute shifts to how much it grew during the marriage. In New York, growth tied to active work or contributions during the marriage can be treated as marital, at least in part, while growth driven mainly by market conditions may stay separate. That means the appraisal may need two values, one near the marriage date and one near the date the divorce began, and records from the early years are often thin. A spouse who worked in or supported the business can point to that role. The analysis looks different again if a prenuptial agreement addresses the company.

Reading the appraisal report

Most of the movement in a valuation comes from a few choices. Normalization adjustments add back personal expenses run through the company and adjust owner pay to a market level, and each adjustment can be questioned. Discounts for a minority stake or for the difficulty of selling a private interest can reduce the figure substantially, and whether they fit a divorce setting is often argued. The appraiser's projections, comparable companies, and treatment of goodwill tied to the owner personally all deserve scrutiny. Share any information you have about the company's history, customers, or past offers, so the review rests on facts rather than impressions.

Accepting, rebutting, or negotiating

Not every disagreement with a valuation is worth a rebuttal report. In an initial review we look at which assumptions move the number most and whether challenging them would change the settlement meaningfully. Options include a critique of the existing report, a separate valuation, or negotiating a figure that reflects the identified weaknesses. We also check any buy-sell or shareholder agreement that sets a price formula, since it may be relevant even if it does not control. Keeping the valuation dispute focused helps control cost on both sides.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about divorce business valuation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.