For more than 35 years, the Colorado attorneys at the The Law Offices of Rodger C. Daley and Associates have helped families navigate complex matters such as divorce and criminal defense. Our lawyers invest time, energy and resources in order to secure favorable outcomes for our clients. To schedule an appointment, call our office in Denver at 720-773-5708 or fill out the form below.

The Law Offices of Rodger C. Daley and Associates
724 East 19th Avenue
Denver, CO 80203
Phone: 720-773-5708
Fax: 303-539-0706
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What happens to a business during divorce?

Running a business requires a delicate balance of your time and dedication. Much of that can be thrown off when you are going through a divorce. Perhaps even worse, the stability of your business along with its assets could be on the line. 

In Colorado, marital assets are divided equitably during divorce. This means that you and your ex will have to split what you jointly own in a way that is most fair. As a business owner, one of your first steps should be determining whether your business counts as marital or separate property. 

Is my business marital property? 

You might find it helpful to first have a working understanding of what counts as marital property. Barring a few exceptions, most assets acquired during the course of a marriage are considered marital assets. However, this does not necessarily mean that your business is a marital asset. It could still be your own separate property depending on: 

  • When you started your business. 
  • How you treated your business during your marriage. 
  • If your spouse played an active role in the business’ success. 
  • If you have a pre- or post-nuptial agreement that addresses the business. 

For example, your business might still be your separate property if you started your business prior to saying “I do.” However, it could be considered marital property if after getting married your spouse then played an active role in building your business’ success. This does not necessarily mean that he or she had to work for the business. Staying home to take care of the home or your children can also be defined as contributing to the business’ success. 

Will I lose everything? 

Just because your business is considered marital property does not mean that it will crumble during your divorce. If your soon-to-be ex-spouse has little to no interest in the business, you could offer to buy him or her out. Be prepared to negotiate if this is your goal. You may also need to be willing to compromise in other areas to secure your desired business assets. 

Divorce can bring about a lot of change in life. That change does not have to affect your business’ success. Being proactive when it comes to matters like property division can help you better navigate this and other complicated assets you might encounter during property division. 

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