Business Asset Division

South Metro Atlanta, GA Area

Over 44 Years of Experience 

Nominated for The National Black Lawyers - Top 40 under 40 

Tailored Solutions for Each Client's Needs

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Protect Your Business Assets with Professional Legal Support

Business asset division can be complex and challenging. At The Law Offices of McGuire & Bullard, our family attorneys in South Metro Atlanta are committed to safeguarding your interests and ensuring fair asset distribution. We tailor our approach to your specific business needs, covering everything from accurate valuation to equitable division.

  • Thorough business valuation
  • Fair asset distribution plans
  • Intellectual property safeguards
  • Buyout agreement negotiation
  • Partnership interest division
  • Complex financial portfolio handling
  • Shareholder dispute resolution
  • Tax impact analysis


We prioritize your business's future. Contact us for personalized legal assistance.


Types of Business Interests We Handle

  • Sole Proprietorships

    A sole proprietorship is a business owned and operated by one individual. In a divorce, the value of a sole proprietorship created or expanded during the marriage is generally considered marital property and subject to division. The owner must determine the business's value and how to equitably distribute its worth.

  • Partnerships

    In a partnership, two or more individuals share ownership of a business. The division of partnership interests in a divorce involves valuing the spouse’s share of the business and determining the appropriate settlement. Partnership agreements often have clauses that dictate how interests are to be handled in the event of a divorce.

  • Limited Liability Companies (LLCs)

    An LLC provides limited liability to its owners while offering flexible management and tax benefits. The division of an LLC in a divorce requires valuing the member’s interest and deciding on the best approach for division, whether it’s buying out the other spouse or splitting the value of the interest.

  • Corporations

    In a corporation, ownership is divided into shares of stock. Dividing corporate assets involves determining the value of the stock held by each spouse and deciding whether to transfer shares, buy out the other spouse, or sell the business and divide the proceeds. Shareholder agreements and bylaws may contain provisions regarding the transfer or sale of shares in the event of a divorce.

  • Family-Owned Business

    Family-owned businesses often involve multiple family members and complex ownership structures. Dividing these businesses requires careful consideration of not only the business's value but also the impact on family relationships and business operations.


Methods for Dividing Business Assets

When a business is part of marital property, its division can be complex and requires careful evaluation of ownership, value, and contribution. Various methods help ensure a fair and practical resolution:

  • Buyout

    One spouse may buy out the other’s interest in the business, allowing the purchasing spouse to retain sole ownership. This approach requires the purchasing spouse to have sufficient resources or financing to compensate the other spouse for their share of the business’s value.

  • Division of Interests

    The business interests can be divided between the spouses, giving each a share of ownership. This method is less common, as it requires both spouses to continue working together or managing the business jointly, which can be challenging after a divorce.

  • Sale of Business

    The business may be sold, and the proceeds divided between the spouses. This option is suitable when neither spouse wishes to continue the business or when a buyout is not feasible. Selling the business can provide a clean break, but it may also result in loss of livelihood and potential tax liabilities.

  • Structured Settlement

    The spouses can agree on a structured settlement where one spouse receives ongoing payments in exchange for their share of the business. This can be an effective way to divide the business’s value over time without requiring an immediate large sum payment


Key Considerations in Business Asset Division

Dividing business assets during divorce requires careful attention to ownership structure, valuation, and each spouse’s role in the business. These factors help determine a fair and legally sound approach to asset distribution.

  • Valuation of the Business: Accurate valuation of the business is crucial in dividing business assets. Valuation methods can include:
  • Market Approach: Comparing the business to similar businesses that have been sold recently.
  • Income Approach: Estimating the present value of the future income the business is expected to generate.
  • Asset Approach: Valuing the business based on its assets and liabilities.

Professional business valuators are often engaged to provide an objective assessment of the business’s worth, considering factors such as cash flow, growth potential, market conditions, and the business's financial health.

  • Marital vs. Non-Marital Portions: It is essential to distinguish between the marital and non-marital portions of the business. If the business was started before the marriage, only the increase in its value during the marriage may be considered marital property. Proper documentation and records are necessary to demonstrate the business's value at the time of marriage and any subsequent growth.
  • Impact on Business Operations: Dividing a business can have significant implications for its operations. Considerations include whether the business can continue to operate smoothly, the impact on employees and clients, and whether a buyout or sale is feasible. Maintaining business continuity and stability is often a priority.
  • Tax Implications: The division of business assets can result in substantial tax consequences. Transferring ownership interests, selling assets, or restructuring the business can trigger tax liabilities. It is essential to consult with tax professionals to understand the implications and explore strategies to minimize the tax burden.


Why Choose The Law Offices of McGuire & Bullard

Working with The Law Offices of McGuire & Bullard for your business asset division offers many advantages:

  • Deep understanding of Georgia business law
  • Custom solutions for each client
  • Over 40 years of combined legal practice
  • Recognized by The National Black Lawyers - Top 40 under 40
  • Woman-owned and minority-owned firm
  • Serving South Metro Atlanta since 2013
  • Members of Georgia State and Henry County BAR associations
  • Dedicated to protecting your business interests


Your business deserves strong legal support. Contact us to use our expertise for your asset division needs.


Start Protecting Your Business Assets Today

Business asset division can be complex, especially when legal agreements and operational stability are at stake. Reviewing documents like partnership or shareholder agreements is key to guiding the process. The Law Offices of McGuire & Bullard provide experienced legal support to protect your business interests and ensure fair outcomes. Contact us now to set up a meeting and take charge of your business's future.

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