When your divorce involves a business, having the right expert is just as important as having the right lawyer. Together, Wilson Kester and our experts form a team that protects your financial interests during this major life change.
When Your Divorce Involves a Business
If you or your spouse owns a business and you are getting divorced in Michigan, figuring out how much that business is worth becomes important. Getting this value wrong could mean losing out on thousands or even hundreds of thousands of dollars from your share of your assets.
Michigan courts have made it clear: when a business is part of a divorce, you must figure out its value. But determining what a business is truly worth is not as simple as checking a bank account balance. It is also the law that it is not the court’s job to search for the evidence – it’s yours, if you want the value of the business considered, even if you do not own the business.
Not All Financial Experts Are the Same
You might think your regular accountant could handle this job, and many think that they can. However, business valuation in family law is a specialized skill. It is akin to the difference between a family doctor and a heart surgeon – both are medical professionals, but it’s preferred if your family doctor isn’t performing your heart surgery!
Experts who value businesses usually have special certifications after their names, like ABV, ASA, or CVA. These letters show they have had extra training specifically in figuring out what businesses are worth.
Why the Right Expert Matters
When the wrong person values a business, the numbers can be way off. In some Michigan divorce cases, two different experts concluded values that were hundreds of thousands of dollars apart! When this happens, judges sometimes:
1. Pick the value somewhere in the middle
2. Reject both experts’ opinions completely
3. Appoint their own expert to start over
None of these outcomes gives you control over your financial future.
Different Ways to Value a Business
There is not just one way to figure out what a business is worth. Experts might look at:
1. How much money will the business likely make in the future
2. What similar businesses have sold for recently
3. What the business owns (like equipment, inventory, or property)
Michigan courts have said that no single method works for every business. The right approach depends on your specific situation. Without a good expert, you might argue for or be persuaded to agree to the less appropriate or wrong method and hurt your own case.
More Than Just Numbers
We routinely collaborate with skilled business valuation experts who do more than just math. Our experts can:
1. Explain complex business values in ways judges understand
2. Help you see options for dividing assets you might not have considered
3. Show how different settlement options affect your taxes
4. Make sure business income is not counted twice (once as property and again for support payments) or explain why a double dip is not applicable in your situation
Even the date used for valuing the business can significantly affect value. A business might be worth much more or less depending on if you value it at the beginning of your divorce or at the end.
Worth the Investment
Hiring a qualified business valuation expert might seem expensive at first, but it’s actually a smart investment as is the investment in the family law professional you select. These professionals can find:
1. Income that is not being reported
2. Business expenses that are actually personal
3. What a fair salary for the business owner should be
4. The value of a business’s reputation and customer relationships
5. Fair treatment of business debt.
The Bottom Line
Take care to avoid advice from your opposing party who may be encouraging you to cut corners on a business valuation. It often is the case that the money you spend on the right expert now will likely save you much more in the long run. Let’s talk about it to see if your case would benefit from the input of a qualified expert. We know several and would be happy to introduce you to the expert we believe can best serve your case goals.
It all Starts with Our FREE Initial Case Assessment – Call Now
Take control of your future with a Wilson Kester Initial Case Assessment. Our knowledgeable and approachable team is ready to guide you through the next steps. Don’t let uncertainty hold you back—contact Wilson Kester today and start your journey toward a brighter future!
Our experienced Client Experience Coordinators are ready to help you.
Contact UsBecome part of the over 5,000 satisfied clients who have trusted us with their divorce and family law matters.
Contact UsOur experienced Client Experience Coordinators are ready to help you.
Contact UsBecome part of the over 5,000 satisfied clients who have trusted us with their divorce and family law matters.
Contact Us