Divorce is never easy, but when one spouse owns a business, it can make the process especially complicated. Business owners in Florida have unique considerations when it comes to divorce, and it is important to take the necessary steps to protect the business and its assets.


First and foremost, business owners should recognize that the business is a marital asset and is subject to division. This means that the value of the business must be calculated, and the ownership rights of both spouses must be determined. This can be a complex process, and it is important to obtain the help of a Miami divorce lawyer who is knowledgeable in these matters.


The court will take into consideration the contributions of both spouses in determining the division of the business’s assets. For example, if one spouse was responsible for the business’s day-to-day operations and the other spouse was a silent partner, the court may attribute a higher percentage of the business’s value to the spouse who managed the business.


In addition to dividing the business’s assets, the court may also order one of the spouses to buy out the other’s interest in the business. This is often done when one of the spouses wishes to remain in control of the business. In this situation, the court will order the other spouse to receive a certain amount of money in exchange for their share of the business.


Business owners can also protect their business from divorce by creating a prenuptial agreement. These agreements must be drafted by a qualified Miami divorce lawyer to ensure that they are legally binding. A prenuptial agreement can specify how the business’s assets will be divided in the event of a divorce, saving both spouses time and money.


Finally, business owners should consider setting up a trust to protect their business’s assets. A trust can be used to transfer ownership of the business to a third party, shielding it from division in a divorce. A Miami divorce lawyer can help draft the necessary documents and advise business owners on the best way to protect their business from divorce.


Divorce can be a complicated and emotionally taxing process, but taking the proper steps can help business owners protect their business from the legal effects of divorce. A qualified Miami divorce lawyer can help business owners navigate the process and protect their interests.



To learn more about Rafool, LLC, including our team of Miami FL divorce attorneys, visit us online or call 305.567.9400.