This is the latest in my series of articles examining how the marital interest of one spouse in the ownership of a business enterprise can be monetized in the division of assets in a divorce. Prior articles have largely...more
My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more
My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas,...more
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
This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more
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
1/21/2015
/ Buyouts ,
Closely Held Businesses ,
Divorce ,
Equity Financing ,
Equity Investors ,
Family Businesses ,
Financing ,
Investors ,
Purchase Agreement ,
Spouses ,
Stock Purchase Agreement ,
Surviving Spouse
My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next...more
In my last article, I discussed this topic: If the divorce-related buyout of the Departing Spouse’s interest in a company will be paid in installments, what terms should the Departing Spouse request (and the Remaining Spouse...more
For many divorcing couples, a closely-held business is the most valuable marital asset. In most cases, it is likely that only one spouse will remain with the business, raising this key issue: How can the interest of the...more
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