Small-Business Division in a South Jersey Divorce
When one or both spouses own a business, divorce becomes significantly more complex. Determining whether the business is marital property, establishing its value, and negotiating a fair division all require experienced legal counsel and, in many cases, forensic financial expertise.
Is the Business Marital Property?
Under New Jersey’s equitable distribution laws, the answer depends on when and how the business was acquired. A business started or grown during the marriage is generally considered marital property — even if only one spouse ran it. A business owned before the marriage may still be partially subject to distribution if its value increased during the marriage or if marital funds were invested in it.
The other spouse’s role matters, too. Whether a spouse actively contributed to the business or is overstating their involvement, the facts must be carefully documented and evaluated.
Valuing the Business
Accurate valuation is critical. Our South Jersey attorneys work with forensic accountants and business appraisers to analyze assets, liabilities, revenue, expenses, income derived from the business, and both enterprise and personal goodwill. Tax implications — including how the business structure affects each spouse’s tax exposure — are factored into every strategy.
Resolving Business Division
Depending on your circumstances, resolution may involve one spouse buying out the other’s interest, selling the business and dividing the proceeds, offsetting the business value with other marital assets, or — in some cases — continuing co-ownership under a structured agreement. Our goal is to protect your financial interests while reaching the most practical outcome for your situation.
Talk to Our Attorneys About Your Small Business In New Jersey
At Musulin Groves & Greenfield, our partners and their team have represented business owners and their spouses through every stage of the equitable distribution process — from initial valuation through negotiation, mediation, and trial.
Contact Musulin Groves & Greenfield, to discuss your situation.
Call 609-267-0070 or contact us online.
We serve clients throughout Burlington County, Camden County, Gloucester County, and Mercer County—including Haddonfield, Medford, Moorestown, Mt. Laurel, Marlton, Shamong, Tabernacle, Pemberton, Maple Shade, Delran, Delanco, and Cinnaminson.