How To Navigate Divorce When You Own a Family Business

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Jul 30, 2025 | Content

Divorce is complicated for most people. However, when a family business is involved, the financial and emotional concerns are elevated. Whether you started the company as a married couple or one spouse joined an existing operation, dividing a business can be one of the most contested issues in a divorce. Knowing how to navigate divorce when you own a family business is important for protecting your livelihood and your future. A knowledgeable attorney can help explain the legal aspects of the process.

What Is Marital and What Is Not?

The first step in resolving business-related issues in divorce is determining what portion of the family business is considered marital property and what is individually owned. In Georgia, any increase in a business’s value during the marriage may be subject to equitable (or fair) distribution. This applies even if one spouse founded the business prior to marriage.

For example, if the company grew during the marriage because of joint efforts, shared investments, or the non-owner spouse’s support at home, a Georgia court may view it as a shared asset. Business valuations, financial records, and professional assessments are often required to determine what portion, if any, should be divided.

Things To Consider When Dividing or Retaining the Business

Once ownership interests are defined, the next step is deciding what to do with the business. Georgia courts typically avoid forcing the sale of a family business unless necessary. Instead, one of the following solutions may apply:

One spouse buys out the other’s share
The business is offset by awarding other marital assets to the non-owner
The parties continue to co-own the business post-divorce

As you are negotiating who will own the business post-divorce, you also need to clarify who will run the day-to-day operations, how income will be handled, and what restrictions will apply to future involvement. An experienced family law attorney can help you assess the pros and cons of these options based on the business’s structure, cash flow, and your goals. Our team of divorce lawyers will work with accountants, business appraisers, and legal experts to create a plan that preserves the company’s value while respecting each party’s rights.

Contact a Lawyer About How To Handle a Divorce That Involves a Family Business

If you are starting a divorce and want to protect your company’s interests, our team at Atlanta Divorce Law Group has experience handling complex asset division and business valuation matters and knows how to navigate divorce when you own a family business. Our team will work hard so that you can proceed with a clear plan and protect your business rights. Contact a member of our team today to set up a consultation.

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How To Navigate Divorce When You Own a Family Business

What Is Marital and What Is Not?

Things To Consider When Dividing or Retaining the Business

Contact a Lawyer About How To Handle a Divorce That Involves a Family Business

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