A business that is formed or grown during the marriage is considered marital property and, as such, is subject to valuation and division. To divide the business in a fair and equitable manner, the value of the business, including any discounts or offsets, must be determined. We work together with financial evaluators, including forensic accountants, to determine the fair market value and the most suitable allocation, buyout, and division. Our team also consults with other Frantz Ward attorneys in other disciplines (including corporate, real estate, and tax) and other outside professionals to gather information needed to address this important and multifaceted division.
Business Value Impact on Spousal Support and Child Support.
In addition to property division, we are knowledgeable and skilled in evaluating a party’s income generated from the business that would be considered in a potential support calculation. Frantz Ward is well-versed in the evolving case law (including the “double-dip theory”) to avoid the overpayment or underpayment of property division and support by counting the same dollar twice. We are meticulous in reviewing business ledgers, financial statements, and records to establish a business owner’s income that may be arguable or uncertain, including any expenses paid by or through the business. Frantz Ward works with financial experts to evaluate and analyze both sides of the issue to create fair, reasonable, and lasting resolutions.