Business Valuation In A California Divorce

Many times, the value of a business is subject to division during the divorce process. Because of this, it is critical to place an accurate value on the business and its tangible and intangible assets.

At Flicker, Kerin, Kruger & Bissada LLP, we represent both business owners and their spouses in complex divorces and the property division disputes often prompted by such dissolutions.

With decades of experience serving the Bay Area business community and partners who are all Certified Family Law Specialists*, our firm is a top choice of clients ranging from owners of personal service companies (i.e., attorney practices, accounting firms and physician practices) through large, multinational technology corporations.

Our California lawyers have experience with business valuations involving:

  • Closely held or family-owned businesses
  • Sole proprietorships
  • Professional practices
  • C-corporations with various shareholders
  • Limited liability companies (LLCs)
  • Blockchain companies
  • Other types of business entities

Uncovering The Full Worth Of A Business

Many owners and their spouses make the mistake of thinking that the fair market value encompasses the full worth of the business. This is not always true. In order to arrive at a true valuation, it is necessary to look at current economic conditions, projected earnings, minority ownership, reputation and brand name, expansion opportunities and many other issues.

Taking The Value Of Goodwill Into Account

Determining the worth of personal and business goodwill is one of the most complex parts of the valuation process. Typically, personal or professional goodwill is not characterized as a marital asset and therefore is not subject to division in a divorce. Business or commercial goodwill, on the other hand, is often characterized as a marital asset.

In some cases, personal and business goodwill is mixed — such as when a doctor's reputation for compassionate service grows, and as a result, his professional practice gains a more respected standing in the community and attracts more patients.

At Flicker, Kerin, Kruger & Bissada LLP, we have the skill and knowledge to provide exceptional representation in the most complex business valuation scenarios. To learn more about our services, contact our office in Menlo Park or in San Ramon.

*The State Bar of California's Board of Legal Specialization