Businesses are the heart and soul of the economy and can be just as varied and interesting as the people who run them. Couple businesses have been around for centuries and are an essential social and economic phenomenon.
Romantic couples working together present a unique work structure unlike any other. Most usual business partnerships don’t leave the workplace, and typical family-run businesses may have different members with varying goals. However, romantic couples can both perform work and household duties and intertwine the two in their daily lives. Still, work and home life tensions can bleed into each other as well, causing rifts and conflicts which can lead to divorce.
Divorce does affect the partnership between couples; it can impact a business in varying ways. If couples aren’t prepared for these changes, it can affect operations, employees, the division of assets, and whether or not the business can continue running at all. For couples currently going through divorce proceedings or couples who are still happily married but want to prepare for the worst, here are a few things to keep in mind regarding your business:
How a divorce affects business?
If the business was started after marriage, it’s considered marital property even if your spouse was never involved or did not own a portion of it. If it was started before marriage, it’s regarded as separate property. This exempts the business from being included in the equitable division process so long as your spouse was not involved. However, if your spouse contributed to it by investing in the business or becoming a partner, that may convert the business into marital property and will have to be equitably distributed if no premarital arrangements were made. Their contribution may be included when valuing assets and considering how to divide them.
Not only does divorce affect the distribution of the business, but it also impacts operations. It’s never easy to combine personal affairs and business, and it can become an even more significant challenge when going through a divorce. You’ll have to work around court appearances, calling and corresponding with your lawyer or attorney, gathering documentation, and dealing with your family and home situation. These are time-consuming efforts that take a lot of concentration and involvement, making managing and running the business simultaneously a problematic endeavor.
Your employees may also bear the brunt of the divorce in some cases. If your spouse was integral to the business’s daily operations but quit due to the divorce, your staff may have to take on their share of the work or find ways to fill their position. On the other hand, continuing to run the business with your spouse may lead to conflicts or tension that can put your employees in an uncomfortable spot. That could affect their desire to work with you, and they could resign or quit.
What can you do?
To ensure that your divorce doesn’t interrupt business, preparing for it early on is crucial. One of the best wealth building tips highlights the importance of keeping your finances separate and building your wealth independently, especially for women. This is critical for business owners, as taking control of your finances allows you to be in a good position to take control of economic challenges. Having individual sources of wealth will help minimize financial conflict when discussing how the business will move forward.
Prenuptial or postnuptial agreements can also help you lay out the guidelines for what will happen to the business in the event of a divorce. They can detail if the business will be subject to distribution and how that will be addressed or if it will be dissolved altogether. You can also agree on how the business will be valued at the time of your divorce. Prenups and postnups can be referred to instead of going through equitable distribution.
Even without these agreements, couples can minimize the impacts of divorce by keeping a thorough and detailed bookkeeping record of their business’s sources of capital and any cash transactions. It’s also best not to rely on unreported cash distributions for personal expenses. Keeping business and personal affairs and expenses separate will make it easier to deal with in the event of a divorce for both you and your spouse, as well as your legal and financial team.
Going through a divorce is always challenging, especially when it involves discussing matters of business. It’s a tough mental, emotional, and even financial process. However, even though you and the business will experience a lot of change, it’s also the start of a new beginning with new opportunities. Managing your emotions and getting the appropriate support is essential for ensuring that you survive and thrive after divorce, no matter what happens to the business. Even if divorce doesn’t seem to be in the cards, it’s always best to prepare.
Article written by Reanne Jonesee