A business in New Jersey would typically be divided with the non-owner spouse receiving less than 50% of the market value of the business. The reason for that is, there are cases that have evolved over the years that have established or stand from the proposition that when someone’s business is valued for divorce, there is certainly no guarantee that, when they ultimately go to sell the business, what they receive upon the sale would be what the value is at the time of the divorce.
In a divorce scenario, we value a business at what is called “fair value” as opposed to other scenarios where, for example, an independent third party wants to buy a business from someone else, where they would value it at what is called “fair market value.”
Sonya K. Zeigler is a partner at Stolfe Zeigler, a boutique family law firm that obtains favorable outcomes for high-net-worth, complex, and litigious cases.
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