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Property Settlement

Business Valuation in Divorce

How businesses are valued in family law. Methods, experts, and what happens to the family business.

Splitifi Team2 November 20249 min read

Why Business Valuation Matters

If one or both parties own a business, it must be valued for property settlement. This can be one of the most complex and contested aspects.

Valuation Methods

Asset-Based Valuation

What it is: Value of business assets minus liabilities.

Best for:

  • Asset-heavy businesses
  • Businesses being wound up
  • Floor value

    Capitalised Earnings

    What it is: Value based on sustainable earnings and a capitalisation rate.

    Formula: Maintainable Earnings Γ— Capitalisation Multiple

    Best for:

  • Profitable businesses
  • Ongoing concerns

    Discounted Cash Flow

    What it is: Present value of projected future cash flows.

    Best for:

  • Businesses with predictable growth
  • Larger businesses

    Market Approach

    What it is: Comparison with similar businesses that have sold.

    Best for:

  • Businesses in industries with comparable sales data

    Key Concepts

    Goodwill

    The value above tangible assets:

  • Commercial goodwill: Attached to the business (customer lists, brand)
  • Personal goodwill: Attached to an individual (their skills, reputation)

    Personal goodwill is often harder to transfer and may be valued differently.

    Maintainable Earnings

    What the business can reasonably be expected to earn going forward, after:

  • Normalising owner's salary
  • Removing one-offs
  • Adjusting for related party transactions

    Getting a Valuation

    DIY Assessment

    For simple businesses, parties may agree on a value. Risky but possible.

    Single Expert

    Both parties appoint one valuer. Cost-effective but risky if you disagree with their conclusion.

    Competing Valuations

    Each party gets their own valuation. Common in contested matters. Court decides which is more credible.

    Forensic Accountant

    For complex businesses:

  • Multiple entities
  • Cash transactions
  • Disputed financials

    Common Issues

    Owner/Operator Businesses

    - Business depends on one person

  • May have limited value without them
  • Personal vs commercial goodwill disputes

    Cash Businesses

    - Reported income may not reflect reality

  • Lifestyle analysis may be needed
  • Harder to value accurately

    Corporate Structures

    - Multiple entities

  • Intercompany loans
  • Trust distributions

    What Happens to the Business?

    Options

    1. One party buys out the other - Most common

  • 2. Business sold, proceeds split - Clean but may not maximise value 3. Continue to co-own - Rare and usually problematic

    Practical Considerations

    - Can the business fund a buyout?

  • Will removing one party affect value?
  • Tax implications of different options
  • Ready to Take Action?

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