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Dunn Lambert, LLC | Attorneys At Law

Comprehensive Legal Services For Businesses

In New Jersey And New York call
201-957-0874

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Business Law Professionals

6 elements to consider during a business divorce

On Behalf of | Dec 4, 2023 | Complex Business Litigation |

When business partners decide to go their separate ways, it is important to handle the process carefully to ensure a smooth separation. The breakup of a business partnership, often known as a business divorce, involves addressing various important issues to minimize conflicts and protect everyone’s interests.

TheBalance.com estimates that up to 70% of business partnerships end in separation. If you no longer agree on a vision with your business partner, there are several things to consider before initiating the dissolution of the relationship.

1. Division of assets and liabilities

One of the foremost concerns during a business divorce is the fair distribution of assets and liabilities. Partners must assess the value of the business and determine how to divide assets such as property, equipment and financial resources. Additionally, addressing outstanding debts and liabilities helps avoid future disputes.

2. Customer and employee transitions

Another significant consideration is the impact on customers and employees. Business divorces can disrupt the stability of relationships with clients and staff. Clear communication and a strategic transition plan are important to ensure a seamless transfer of clients and retain key employees during the process.

3. Operating agreements and contracts

It is important to review and revisit the operating agreements and contracts established at the beginning of the partnership. These documents often contain guidelines on how to handle a business dissolution. Partners should follow the agreed-upon procedures for winding down the business and resolving any contractual obligations.

4. Valuation of the business

Determining the accurate value of the business is an important step. Partners may opt for different valuation methods, such as market value or asset-based valuation. Consensus on the valuation approach can help avoid disputes and streamline the division of assets.

5. Non-compete and non-solicitation agreements

Partners should carefully review any non-compete or non-solicitation agreements in place. These agreements restrict the ability of departing partners to engage in similar businesses or solicit clients and employees from the dissolved business. Adhering to these agreements is vital to prevent legal complications down the road.

6. Tax implications

Understanding the tax implications of the business divorce is important for both partners. Different forms of business structures may have varying tax consequences. Seeking professional advice from tax experts can help partners make informed decisions that minimize tax liabilities.

Navigating a business divorce requires a thorough examination of various facets of the partnership. By addressing important issues, partners can ensure a more amicable separation and safeguard their individual interests.