Financial Asset Division & Business Valuation

Financial Asset Division

The financial assets of the marriage include all items you and your spouse purchased, invested in or have any interest in which were acquired during the marriage. Examples of financial assets of the marriage include the following: real estate, pensions and retirement benefits, savings and investment accounts, jewelry, furniture, art work, musical instruments, life insurance, airline miles, cash, interests in a business whether a sole proprietorship, partnership or stock owner of a corporation. In some situations, identifying the assets is simply a matter of listing them along with their values. But in many situations, you must engage in a process of identifying, tracing and tracking your interest in assets and then value them. Once you value an asset, you can start the process of determining how to divide that asset. At Wayne and Jemilo we have the knowledge and experience to value your assets and do all that is required to try to achieve a highly satisfactory outcome from a negotiated settlement or a trial. See the sample Memorandum of Assets below which demonstrates the format we use to keep track of your assets.

Business Valuation

When you or your spouse acquire an interest in a business during the marriage, that business interest is characterized as a marital asset. Regardless of which spouse works at the business or operates the business, the other spouse has an interest in that business. The process of determining the value of the business interest is called “business valuation.” Whether the interest is in a law firm as a partner, the sole stock ownership of a food manufacturing company, ownership of a financial services company, partial stock ownership of a manufacturing company or ownership of a real estate development company, you need an experienced attorney who understands business valuations, knows how to choose the appropriate expert to value the business interest and finally knows how to negotiate or litigate complicated business interests. At Wayne and Jemilo we have the knowledge and experience to value your assets and do all that is required to try to achieve a highly satisfactory outcome from a negotiated settlement or a trial.