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Boulder Business Owner Divorce Lawyer

Divorce for business owners can be a bit more complex and challenging issue than it is for those who do not own businesses. At Stahly Mehrtens Miner LLC, our Boulder divorce attorneys understand the challenges business owners face in divorce and have helped business owners across the state secure their rights to their companies and keep what is rightfully theirs. If you are going through a divorce and you own a business, our Boulder business owner divorce lawyers can help you determine business ownership and protect your interests.

Our high asset divorce lawyers in Boulder have experience working with clients across a variety of industries, and we can help you no matter the type of company you own. We will work with you to understand your goals and objectives, and we will develop a strategy to achieve them. We will also represent you in court if necessary.

To get started today, call us at 303-797-2900 or contact us online to schedule a consultation and learn more about how our business owner divorce lawyers in Boulder can help you. 

Determining Marital Property In a Divorce Involving a Business 

In Colorado, marital property will be divided using a method called equitable distribution. This means that all property and debts will be split in a way that is even and fair, which means it will likely not be a 50/50 even split. To determine what is marital property the court will look at factors like: 

  • The length of the marriage
  • If there was a prenuptial agreement, and if so what was agreed upon
  • Spousal investment and involvement in the business
  • When and how the business was acquired
  • The current value of the business
  • Debts and liabilities

What Could Happen to Your Business When You Get a Divorce? 

There are several things that could happen to your business depending on the factors surrounding when it was established, whether it was gifted to you or you acquired it  (the date), and several other particulars that may impact how the court treats the ownership interests of your business. 

In some instances, it may be treated as marital property. As a simplified example, if you started your business during the marriage and your spouse contributed to the business in some way or even took care of the children and home so that you could devote more time to running your business, then it may be considered a marital asset. If your business was created before the marriage, the Court will look at other factors such as whether you made your spouse a joint owner, or if they played a role in running the business. 

As you can see, the goal is to determine whether your business is considered a separate or marital asset. If you had a prenuptial agreement, it may state the business is to be treated as a separate asset.

Dividing a Business in a Divorce

Before a business is divided during a divorce, it must first be properly evaluated. This isn’t just a random value that you can assign to it. Rather, a professional must be hired to come to an accurate valuation of the business. The liabilities and the assets of the business must be weighed to determine the true valuation of the business. The experienced Boulder business owner divorce attorneys of Stahly Mehrtens Miner LLC understand the importance of valuation and dividing a business during the divorce. 

If you have other complex property such as real estate, retirement accounts, investments accounts, stock options, high-value art our complex property division lawyers in Boulder can offer expert legal guidance.

Options For Business Owners Divorcing In Boulder

If you’re a business owner and you’re getting a divorce, it’s important to understand all of the options that you may have for your business that you may be able to explore based on the relationship with your spouse at the end of the marriage.

  • If you and your former spouse work well together, you may consider remaining in a business relationship together. 
  • If your business is successful and you have the financial means to do so, you may wish to buy out your former spouse’s shares of the business. Then you may hold all shares of the business. 
  • If you’re interested in cutting your losses and starting over, you have the option of selling. It is important to note that if you do this, you will likely share the proceeds of the sale with your former spouse. 
  • You may use business ownership to negotiate other divorce terms, like who keeps the family home or the division of retirement assets.

Our Boulder Business Owner Divorce Attorneys Can Help

If you are going through a divorce as a business owner in Boulder, you may be having difficulties determining the ownership or negotiating ownership terms with your spouse. At Stahly Mehrtens Miner LLC, we understand how confusing navigating this space may be, and we are here to help. 

If you are a Boulder business owner going through a divorce, contact Stahly Mehrtens Miner LLC today to get started. Call us at 303-797-2900 or contact us online to set up a consultation with one of our divorce attorneys. 

Stahly LLC is now Stahly Mehrtens Miner LLC, with three offices in Boulder, Denver and Steamboat Springs. Learn More