Business Owners & Divorce

When you are a business owner going through a divorce, choosing an attorney is not just about finding someone to help you end your marriage. It is about choosing someone who can protect your business at the same time. Not every team of divorce attorneys is equipped to do that, but ours at Gertz & Rosen is.

We represent business owners with a clear understanding that your company is often your most valuable and most vulnerable asset. Every decision we make is guided by how it affects your ownership, your operations, and your long-term financial stability.

Is My Business at Risk in a Divorce?

Under Ohio law, courts divide marital property equitably. This means the division of assets must be fair, though it does not always result in a perfectly equal split. If you started or grew your business during your marriage, the court will likely consider the company a marital asset subject to division.

Separate property belongs entirely to one spouse. If you owned the business before you got married, the original value of the company might remain yours. However, the situation often changes over the course of a long marriage. Certain actions can mix your personal and business assets. This mixing is known as commingling. Commingling can turn separate property into marital property.

Examples include:

• Using joint bank accounts for business expenses.
• Employing your spouse at the company.
• Using marital funds to buy new equipment or expand operations.

If you have taken any of these actions, you should prepare for the possibility of dividing your business in the divorce.

What Are the Different Methods for Valuing a Business in Divorce?

Before you can divide your business assets, you need to know exactly what your business is worth. An accurate valuation keeps the property division fair. Financial experts typically use three main methods to determine the total value of your company:

• Market Approach: This method compares your company to similar businesses that recently sold in your local area.
• Income Approach: Evaluators look at your company’s past profits and cash flow to predict future earning potential.
• Asset-Based Approach: This involves adding up all tangible and intangible assets, then subtracting any liabilities or business debts.

Getting the correct number protects your financial foundation. If the valuation comes back too high, you might pay your ex-spouse too much in a buyout. If the valuation comes back too low, you could lose out on your fair share of the marital estate.

How Can a Business Be Divided in a Divorce?

Once you know the company’s value, you have to decide what to do with the operations. Here are the most common ways to resolve business ownership during a divorce:

• Buyout: One spouse keeps the business and pays the other spouse for their share. This allows you to keep full control of your company and continue running it without interference.
• Co-Ownership: Both spouses continue to own and operate the business together. This requires a strong working relationship and very clear professional boundaries.
• Sale of the Business: You sell the company to a third party and divide the proceeds. This offers a clean break, but it forces you to walk away from the business you built.

The right approach depends on your specific circumstances and long-term goals.

Why Business Owners Choose Gertz & Rosen

At Gertz & Rosen, we approach divorce cases involving business owners differently because we are built differently.

Unlike firms that focus solely on domestic relations, our team includes attorneys with experience in both family law and business law. That matters more than most people realize. It means:

We Identify Risks Other Attorneys Miss

Many divorce attorneys depend on outside professionals to interpret business issues. We work with valuation professionals and forensic accountants, but our team also knows what to look for. This knowledge enables us to identify hidden risks in financial records, anticipate opposing counsel’s tactics, and develop proactive strategies.

We Protect What You Have Built

For most business owners, the goal is to preserve the business itself. We focus on minimizing disruption, protecting your ownership, and structuring settlements that avoid forced sales or unnecessary liquidation. Every recommendation we make is grounded in one priority: protecting your business and your financial future.

We Bring Strategy to High-Stakes Negotiations

Divorces involving businesses often require complicated financial analysis and high-value negotiations. We prepare every case with the expectation that it will be challenged. This preparation gives you a strategic advantage, whether your matter is resolved through negotiation, mediation, or litigation.

Work With a Team That Understands What Is at Stake

Going through a divorce requires careful planning, especially when your livelihood is on the line. At Gertz & Rosen, our team brings experience in both family law and business law, so you are not forced to separate the two. You have one team looking at the full picture and working to protect everything you have built. Contact us today to schedule a consultation. We will review your case and outline a detailed plan for your business.