09/01/2026
"My spouse owns the business, not me, so I have no stake in it." This is one of the most common things we hear, and it is not always true.
We represent many spouses of business owners, and this is one of the most common misconceptions we encounter. A business titled in one spouse's name can still be considered a shared marital asset, and untangling that requires answering a few different questions.
What income does the owner draw as a salary?
And what is the underlying value of the business itself?
Both numbers matter, and confusing the two can lead to an unfair outcome for either spouse. If your marriage involves a privately held business, understanding this distinction early in the divorce process is one of the most important steps you can take.