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Divorce › Closely Held Businesses

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Ward and Smith, P.A.

Marriage, Divorce & The Family Business: Is What Is Mine Really Yours Too?

Ward and Smith, P.A. on

North Carolina's equitable distribution laws provide the framework for determining how property will be valued and divided when one or both partners in a marriage decide to separate. Before doing a deeper dive into how...more

Fox Rothschild LLP

Is it Time To Stop Reflexively Applying Brown v. Brown to Disallow Discounts When Valuing a Marital Interest in a Business?

Fox Rothschild LLP on

For more than twenty years, the case of Brown v. Brown, decided by the Appellate Division in 2002, essentially changed the standard of value in divorce cases from fair market value to fair value or fair market value without...more

Winstead PC

[Webinar] Financial Services - Trust Issues In Divorce Proceedings - May 24th, 10:00 am - 11:00 am CT

Winstead PC on

This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s...more

Gray Reed

Family Matters: Can a Family Business Succeed Without a Contingency Plan for Divorce?

Gray Reed on

Realizing last month that, at age 65 he’s ready to think about his family business succession plan – especially for Buxboro State Bank, Big Daddy Ernest Bux identified his checklist: Plan for Contingencies, Establish Goals,...more

Ervin Cohen & Jessup LLP

Selling the Business to Divide the Assets, Part 2

Ervin Cohen & Jessup LLP on

This is Part 2 of my discussion of a third alternative for answering the question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? Part 1 discussed the main pros and cons of...more

Ervin Cohen & Jessup LLP

Financing the Business Buyout – Part II (Investors)

Ervin Cohen & Jessup LLP on

Last month, Part I on this topic discussed the problem facing a Remaining Spouse when the Departing Spouse rejects a buyout offer of a modest down payment and a long installment note: How to raise sufficient cash to avoid a...more

Ervin Cohen & Jessup LLP

But What About The Company?

Ervin Cohen & Jessup LLP on

For many married couples in California and other community property states, a closely-held business is the most valuable community asset. And whether or not they’re in a community property state, both spouses may be active...more

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