Divorce. There’s no better word to describe a process that can upend every aspect of a person’s life. Emotionally, financially, and professionally, it’s a pain point from which few people recover with their lives remaining the same. For entrepreneurs and business owners, a divorce has implications not only for themselves but also for the business itself. If your spouse has ownership in your business, or it’s a significant part of marital property, or if your business is your main source of income, then a divorce can impact the direction and ownership of the company.
In this article, we explore how an entrepreneur can plan their exit strategy from a business during divorce. From understanding the value of the business to legal protection and everything in between.
In a divorce, one of the most important steps to take in terms of your business is having a formal valuation completed. This not only helps to understand the worth of the assets you have, but also the liabilities, revenue and potential growth.
This gives you the power to:
If your business has been informally valued by you alone, or not at all, then it’s a wise idea to engage the help of independent professionals, such as accountants, financial planners or specialist valuers. This will help take the emotion out of it.
In this blog post, family law experts Major Family Law detail how business is separated from assets in a divorce and why valuations are important.
Entrepreneurs are a funny bunch, many of whom start companies as informal operations. Who keeps track of shareholder structures, partnership agreements, operating agreements, or trusts when everything is a growing P&L and getting sales in the door?
When divorcing spouses are listed as shareholders, partners or even silent contributors in business deals, these informal structures create challenges in finalising arrangements.
To avoid this:
Finalising the ownership structure as early as possible can reduce surprises in court or when your spouse hires an expensive lawyer.
A business isn’t just an asset; it’s often a passion project and a large part of the entrepreneur’s identity. An exit for entrepreneur needs to take both sides into consideration when deciding what to do with the business.
Options include:
Divorce can take months, even years. During that time, your business must still operate. Safeguard cash flow by:
Cash flow is the lifeblood of any business. Protecting it during turbulence gives you flexibility in negotiations.
Divorce is tough — and handling it alone risks burnout. Entrepreneurs should build a support team:
At Fearless Business, we’ve worked with countless entrepreneurs who’ve been forced to pivot under pressure. A big part of our coaching is helping leaders stay resilient. Here’s how business coaching can help.
Timing matters. Sometimes a fast exit is best, while in other cases, delaying can provide strategic advantages.
Consider:
Exiting a business doesn’t end your entrepreneurial journey. Divorce can be the catalyst for:
Entrepreneurship is reinvention. Many successful founders have used divorce as fuel for growth. As Forbes highlights, resilience and adaptability are key traits of entrepreneurs who thrive after setbacks.
Planning your exit from a business during divorce is no easy task, but approaching it strategically reduces risk. With legal experts guiding the legal side and a business coach supporting your professional direction, you can safeguard your financial future while preparing for new opportunities.
The end of a marriage doesn’t have to mean the end of entrepreneurship. With the right support and mindset, it can be the beginning of your next chapter.
A professional valuation provides an objective and credible assessment of your business's total worth, including assets, liabilities, and growth potential. This is essential for ensuring a fair division of assets and gives you a solid foundation for negotiating with your spouse, preventing emotional bias from clouding financial decisions.
You generally have four main paths: selling the business for a clean break, buying out your spouse's share to maintain control, restructuring the business to divide roles if you both wish to remain involved, or winding down the company completely if neither party wants to continue running it.
To protect your cash flow, it's vital to maintain a strict separation between your personal and business finances. You should also avoid making any large, risky investments, prepare for potential dips in productivity, and keep key employees informed to maintain stability.
It's wise to build a support team. This should include a family lawyer to handle the legal aspects, an accountant or financial advisor for valuations and tax planning, and a business coach, like those at Robin Waite, to help you stay focused on your long-term professional goals and navigate the pressure.
If your ownership structures are not formally documented, you should address this immediately. Work with your legal advisor to review, document, and formalise any verbal or informal arrangements to clarify who owns what. This can prevent significant disputes and complications down the line.