Weinman & Associates
Family Law Answers Now: 512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Miguel Castillo
    • Tracy Todd
    • Amanda Craven
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Divorce Calculator
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact
Weinman & Associates
512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Miguel Castillo
    • Tracy Todd
    • Amanda Craven
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Divorce Calculator
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact

Practicing Family Law With Heart For More Than 30 Years

  1. Home
  2.  » 
  3. Divorce
  4.  » 
  5. Considerations when dividing business assets in divorce

Considerations when dividing business assets in divorce

On Behalf of Weinman & Associates, P.C. | Apr 27, 2022 | Divorce

When couples get divorced in Texas, they should realize that they won’t get everything they want in the final settlement. Despite this reality, you should not let that stop you from getting everything you need, especially when a valuable family business is at the center of negotiations.

Addressing needs to benefit your business

When couples split, they can rarely work together in their family-owned business afterward, leading to a division of company assets in the divorce settlement. Essentially, the company has a say in the divorce proceedings. When dividing company assets fairly, remember the following points:

• The spouse receiving the assets needs to sign a release of claims from the business.

• If you are the one transferring the assets, seek indemnity for the business from third-party creditors or others following the divorce.

• The business may issue a K-1 tax document in the year following the divorce that states the company does not have any “phantom income.”

• The receiving spouse needs to ensure that there is no holdback of any assets.

Another conundrum occurs when the business is highly valued, but neither spouse has sufficient funds to pay the other for a fair share of the company. In situations like these, spouses need to be creative in their divorce negotiations. You can agree on a time in the future to divide the assets. When you agree to this solution, the business valuation formula will date from the time the call option was put on the table.

Finding the right divorce solution

Negotiation and mediation are key to finding creative solutions when splitting assets in divorce. Working with a third party and taking your time to determine what is fair for both spouses as well as your business is crucial in protecting your interests.

Diving headlong and signing an agreement before you are ready can prove costly for yourself and the future health of your business. The goal is to find a win-win situation for all involved parties.

Recent Posts

  • Discover the price of freedom from an unhappy relationship
  • What is the impact of adultery on property division in Texas?
  • Will divorce impact my insurance policies?
  • How Prenups Handle Community Property in Texas
  • Protecting your self-esteem after a divorce

Archives

Categories

RSS Feed

Subscribe To This Blog's Feed

Talk To Us About Your Family Law Case

To schedule a consultation, call 512-472-4040 or send an email by submitting this form.



11734A Schriber Road
Mustang Ridge, TX 78610

Austin, Texas Office



Phone: 512-472-4040

Make A Payment
  • Follow
  • Follow
  • Follow
Review the Firm

© 2026 Weinman & Associates, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw