Business Owners

Divorce with a business in it

A business is usually the largest and least liquid asset in the case. The work is valuation, then structure: who keeps it, and how the other spouse's share is paid without killing the company.

The three problems to solve

• Valuation. A credentialed appraiser values the company; goodwill attributable to the owner personally is treated differently from enterprise goodwill.
• Income. The books drive both support calculations; perquisites and retained earnings get scrutinized under the gross-income rules (Utah Code § 81-6-203).
• Structure. Offsets against other assets, a buyout over time with security, or — rarely — continued co-ownership.

Common questions

My spouse never worked in the business — do they still share it? Value created during the marriage is marital regardless of whose name or labor built it; contributions matter to the equitable split.

Will the court make us sell? Courts prefer awards and offsets over forced sales of operating businesses.