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   146 reviews

What Will Happen to My Business Following a Divorce?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 12, 2026

Read Time: 3 mins

Are you worried about losing your business following a divorce? If you are a business owner who has worked hard to build a respected operation, you should understand how family businesses and closely-held businesses are valued, considered and divided in a divorce.

Remember, in New York and New Jersey, all marital assets, including businesses, are subject to equitable distribution in accordance to state law. This means that the first determination to make is whether the company or business interest is marital property or separate property.

The next step, if the business is marital property, is to have it evaluated for the purposes of divorce. This may differ than typical market valuations; additional considerations for divorce may include discounts for lack of control, and lack of marketability, lack of transferability and more. In many divorces involving businesses, each side may have their own expert evaluator arrive at very different conclusions.

After you have evaluated a business for the purposes of Equitable Distribution, the attorneys for both sides will attempt to negotiate a settlement and propose division of the asset. If the parties cannot reach an amicable settlement, the valuation and division of the business may have to be tried before a judge who will make the ultimate decision.

A common problem, even after valuation and division has been finalized by settlement or trial, is to implement the split. Typically, one spouse will buy out the other’s interest in the company. This may present problems if the spouse does not have enough cash on hand to buy out the other’s interest. In such cases, there are a few options, including but not limited to taking out loans, bartering illiquid assets with your spouse or liquidating other assets awarded in the split for the buy-out.

An attorney who handles business assets in divorce can guide owners through this process and will know respected divorce forensic valuation experts. Together, you can determine the value of your business during a divorce and plan for any outside challenges that may be brought up during proceedings.

How Do I Protect My Business During a Divorce?

One way to plan against businesses becoming problematic assets in divorce is to have a prenuptial agreement or post-nuptial agreement in place. However, if you do not have an agreement to fall back upon, do not worry, as we can help you work out the division of the business and other property regarding the division of marital assets and possible alimony.

Divorces can be incredibly stressful, but we do everything we can to make the process easier for our clients. If you are contemplating a divorce and would like to protect your assets, let our firm arrange your initial consultation.

Our family law offices in New York or New Jersey can be reached through our online contact form or at (866) 971-0927.

KGG’s Corner: Concerned about the future of your business due to a pending divorce? Call us today at (866) 971-0927.

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. – Rockland County Divorce Attorneys

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Client Reviews

    
 
 
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   LWelsh 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 43 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 107 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 122 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 158 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 168 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What Will Happen to My Business Following a Divorce?

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Rockland County, New York

Bergen County, New Jersey