By Jennifer M. Paine
Attorney, Cordell & Cordell, P.C., Detroit office
Note: This is Part 1 of a three-part series on dealing with your business in divorce. Click here to read Part 2 and click here to read Part 3.
If you are a small business owner, dealing with your business in your divorce could send you spinning into a scene from Little Shop of Horrors.
Except, instead of a carnivorous plant reeking havoc on your business, your attorney and your soon-to-be-ex could be crying “Feed Me!” Cash, that is, and lots of it.
The family business is often the largest marital asset. Worse, family business owners usually pour their savings into their businesses and secure business loans against their own property or guarantee.
When divorce looms, one spouse develops SBLS (Sudden Business Losses Syndrome) and the other spouse develops SITS (Sudden Ivana Trump Syndrome). That is, one spouse thinks the business is worth nothing and the other a whole lot of something.
They reach a stand-off and fight back-and-forth over whose value is “right” until one spouse caves in or their judge picks a value at, what seems to be, random. No one wins, except the attorneys and their pocketbooks.
How can you avoid this scene and deal with your business effectively? Here are some suggestions.