Learn more about Valuing a Small Business During Divorce here: http://www.wardlawfirmga.com/valuing-...
Hi this is Dave Ward from the Ward Law Firm and we protect business owners facing divorce.
And what I want to talk to you about today is something that most business owners face with a divorce are going to have to deal with particularly if they don't have a pre or a post nuptial agreement in place that covers their business. And that is dealing with business valuations.
There are three primary ways to value a business or three different approaches. A forensic accountant or certified divorce financial analyst is going to look to when they're trying to evaluate the true value of your business.
And those three ways are the income approach, the market approach or the asset approach. And each one of these looks at different sorts of things in order to come up with the valuation and the one that you're going to see used more commonly than not in a situation where you're dealing with a closely held corporation is the income approach.
The income approach basically, what it does is it takes a look at income. The total income that's being generated for the business owner. And then what it does is it takes it and it capitalizes it. What does that mean? Well, what that means is, if I had an asset and that asset had to produce the amount of income that the business income, how much would that asset be? In other words, how much would that money be, okay? How much money would it take to generate it that?
So what they'll do is they'll calculate all of the income that is flowing to the business owner and then use a capitalization rate to determine what that ultimate amount is in that capitalization rate will take into account a number of different things including industry risks, risk related to size. All and any number of different things, there's actually a pretty extensive list of things that can be considered. But that's the one that you're going to see more often than not when you're dealing with a closely held corporation.
The other two methods— there is the market method, that's number two. And the market method has to do with looking for comparable sales that have occurred, that you can get information about. The reason why this isn't usually very good for closely held businesses is because usually when you're dealing with the sale of closely held business, the information related that is not going to be public. In other words, it's not going to be available, so you're going to have a very, very hard time finding comparable sales. So for that reason, you're very, very rarely going to see anybody do a market type calculation as to the value of the business.
See all of our Divorce Lawyers Lawrenceville | 3 Tips to Protect Businesses During the Divorce Process videos here: https://www.youtube.com/playlist?list...
Whether your divorce involves asset and debt division, financial support, or child custody, the mental and emotional toll can be overwhelming. Having a complete and honest assessment of what to expect throughout the divorce process substantially reduces the doubt and uncertainty that many people experience. Gwinnett County divorce attorney David Ward has the experience to know that even the most complex issues have solutions, and he fights to ensure that your best interests remain the focus.
We know that there are few situations in life that are more difficult than divorce. The decisions you make early on in your case may affect you and your children’s lives well into the future. We understand the difficulties you are now facing and we want you to know that we are here to help. In fact, our Lawrenceville law firm has been helping folks just like you work through their divorces and family law issues for over a decade. Contact a divorce attorney Lawrenceville or a Gwinnett County family law attorney today at 770-383-1973 to schedule your REAL Case Analysis.
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