Undervaluing or overestimating the value or your business can be devastating. The business valuation not only includes historical information, but it also looks at future projections, so it’s extremely important that the valuation is fair and properly calculated. The fair market value of the business is anything but a guessing game. Our Naples attorneys have extensive experience in working with business valuators, appraisers and the like in determining the fair market value of a corporation.
An even more complicated issue is when a spouse owns a business prior to the marriage and a determination of whether or not that business has increased in value during the marriage needs to be calculated. An in-depth analysis is then conducted as to whether the business grew in value, whether through market conditions (passive appreciation) or through efforts or investments by you or your spouse during the marriage (active appreciation).
There are three business valuation methods pursuant to the American Society of Appraisers: Income-Based, Asset-Based and the Comparative Market-Based. Oftentimes only one spouse owns a business that is created during the marriage.
Notwithstanding, that business would be considered a marital asset and is subject to equitable distribution. Through extensive discovery, working collaboratively with business valuation experts and our clients, we work diligently to arrive at the most objective opinion of value of the entity. We only work with business valuators and forensic accountants who present the facts as they are. Utilizing any other type of expert will only cost our clients more money and their overall credibility with the court. Our refusal to work with “hired guns” has earned us credibility with the Naples community and our family law judges. Our reputation of professional and ethical advocacy has resulted in fair, equitable, and successful outcomes for our clients.
Knowing the true value of your business while going through a divorce is going to help make things a little less difficult.