In many San Diego high asset divorce cases, one of the catalysts to the spouses having a high net worth is a business ownership interest.  Unfortunately, when proper planning is not in place and a divorce occurs, the ownership interest of that business and even the viability of that business overall can be placed in jeopardy.  This is particularly true when the property division aspect of a divorce case arises and equal value must be provided for each spouse under California’s community property standards.

Fortunately, there are strategies that can be employed that will allow a spouse to maintain his or her ownership interest in a business without having to sell off that interest or the company altogether in order to provide the cash necessary to complete the property division.  This strategy is one that can be offered to the court as a compromise, and it’s as basic as any loan arrangement if the court and/or the other spouse approves of the idea.

Specifically, the spouse who wants to maintain the ownership of the business can obtain a proper valuation of that business and either pay the other spouse the amount owed in installments or even secure an independently financed loan to pay the spouse for the value of that ownership interest in one lump sum.  Many courts are loathe to force the sale of a business because of the harm that can be done to others.

San Diego High Asset Divorce Lawyers

Clearly, divorces that involve large estates are extremely complicated in nature when it comes to dividing the marital estate and with regards to any support issues that arise.  However, couples who commit to working together to obtain a resolution will often find that there is at least one option available to resolve almost any issue that can come up during the course of ending a marriage.