How Division of Business Assets Is Determined in Divorce

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The division of the assets is one of the most difficult parts of a divorce because it is inevitable that one or both people will find the results unfair in some way. However, in divorce court, the division of assets is taken very seriously and many factors come into consideration. Here is a brief explanation of what happens in division of business assets.

How It's Determined

It can be very challenging to find out how to divide things equally between both spouses. In these situations, the divorce court will look at the debt of each spouse and balance out the assets according to the debt and amount of assets earned. Of course, many spouses will be unhappy with the results, especially if one worked very hard to gain certain assets and the other spouse gains them because his or her debt is high. There are other things that the court will consider in business assets.

Exceptions

There are quite a few exceptions to the rule of everything being divided equally. One of the exceptions, of course, would be if the spouses decide to divide assets on their own for one reason or another. A common reason for awarding one spouse more than another is that the spouse inherited the assets or they were gained before the marriage. Belongings gained after the couple has legally separated will be protected as well, which is a good reason to separate as soon as you know you will be getting a divorce. Some couples also have a prenuptial agreement that may protect their belongings. Business assets are divided just like any other belonging, and the court can make a special order if it is difficult to divide things like stocks.

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