Divorce Gets Costly for Business Owners in 2021

The pandemic has complicated divorces. The number of official splits declined in 2020, likely for practical reasons. By now we’re seeing a sharp increase, and these divorces are among couples with conflict simmering much longer than usual. Entrepreneurs (and their legal representation) beware: these types of divorces can be disastrous for a small business.

Bill and Melinda Gates’s divorce is a high-profile example of the trend that’s just taking off. In fact, their divorce highlights two trends: Divorces that may have been put on hold during—or perhaps hastened by—the pandemic and the phenomenon occurring disproportionately among couples later in life. As the divorce rate in the U.S. has declined overall in recent decades, it’s more than doubled for those aged 50 and older.

These trends are concerning, but for married business owners, they should be downright terrifying. When couples own a business together, the negative impacts of divorce can ripple through the business like an earthquake. The business often must be dissolved because the spouse who wants “out” is entitled to a large cash payment of their share, and the only way to pay up is to liquidate. Even if the spouse is not part of the business, an entrepreneur without adequate asset protection could see their business topple due to the “half of everything” rule of divorce, especially in Texas, a community property state.

Prenuptials and smart business structuring can prevent the worst from happening to a divorcing business owner. But for many, hindsight is 20/20. All business owners—including those in happy marriages—should still consider the financial hygiene practice of exit planning. They should start by addressing questions including:

  • How much of the business do I own versus other partners?
  • Is my spouse a partner in the business with their own shares?
  • How does my spouse contribute to the business?
  • Did they make career sacrifices to support my business endeavors?
  • Does the business pre-date the marriage?
  • What methodology will be used to value the business during an exit or an event like a divorce?
  • How will partners in the business handle these changes—for example, is there a buy-out agreement?

Let’s talk about the importance of forensic accounting within this context. You may think of forensic accounting as most valuable to the non-business-owner to uncover hidden money in the business that can be included in a divorce settlement. Yes, that’s a great use of a forensic accountant. But it’s also vital for the business owner to do some investigating on their own. A forensic accountant can:

  • Unwind business capital assets that pre-date the marriage.
  • Separate business and personal assets.
  • Determine a fair market salary so that it’s not assumed you have a more significant personal income than you do.
  • Do the same for a spouse who works in the business so that their compensation is fairly established.
  • Prepare for property division and valuations.
  • Serve as an expert witness in court.

With divorce among older couples skyrocketing, it’s more important than ever to get accounting professionals involved. A business owner who falls into that category often has high net-worth assets precariously intertwined with their spouse. We all hope for the best in our partnerships, including marriage. But it’s also wise to plan for the worst while hoping for the best. Feel free to contact us with questions.

Photo from 23rf.com

June 1, 2021

Client Spotlight

As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what…
From accountant to owner, and now to a successful exit! Amir Kamel proved that “everything good takes time”—including walking away on your own terms. Read…
After waiting 11 years for his visa, Amir Kamel’s journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,…
Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction….
Discover how this San Antonio entrepreneur transitioned from managing communities to constructing them—doubling his commercial construction firm’s size year over year….
In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their…
Disputes in closely held businesses rarely stem from simple math errors. Instead, they arise from “creative” accounting that obscures the business’s true economic reality….
While you might not be signing an addendum with the Acting Attorney General, you CAN use closing agreements and statutes of limitation to create your…
When building wealth in Texas, poor planning can result in hefty taxation as you earn your way to the top….
A new precedent is forming in the tax courts that can cost even innocent taxpayers hundreds of thousands of dollars….
George Clooney’s recent relocation to France highlights a complex financial dilemma: maintain dual citizenship and face dual tax systems, or renounce U.S. citizenship and trigger…
A business seizure is a last-ditch effort following many other attempts at tax collections. Here’s what to watch for and how to respond….

Blogs and Articles

Do Businesses Need Tax Liability Insurance?

As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what...

Do Businesses Need Tax Liability Insurance?

Read More

Princess Professional

From accountant to owner, and now to a successful exit! Amir Kamel proved that "everything good takes time"—including walking away on your own terms. Read...

Princess Professional

Read More

Princess Beauty Supply

After waiting 11 years for his visa, Amir Kamel's journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,...

Princess Beauty Supply

Read More

100% Bonus Depreciation: Hits and Misses

Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction....

100% Bonus Depreciation: Hits and Misses

Read More

DJS Resources

Discover how this San Antonio entrepreneur transitioned from managing communities to constructing them—doubling his commercial construction firm's size year over year....

DJS Resources

Read More

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their...

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

Read More

Profit-Sharing Disputes: IDing What Went Wrong

Disputes in closely held businesses rarely stem from simple math errors. Instead, they arise from "creative" accounting that obscures the business's true economic reality....

Profit-Sharing Disputes: IDing What Went Wrong

Read More

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

While you might not be signing an addendum with the Acting Attorney General, you CAN use closing agreements and statutes of limitation to create your...

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

Read More

Secret Texas Wealth Tax Traps

When building wealth in Texas, poor planning can result in hefty taxation as you earn your way to the top....

Secret Texas Wealth Tax Traps

Read More

How Long to Keep Tax Records? Forever Might Be Best 

A new precedent is forming in the tax courts that can cost even innocent taxpayers hundreds of thousands of dollars....

How Long to Keep Tax Records? Forever Might Be Best 

Read More

George Clooney’s Exit Tax Dilemma

George Clooney's recent relocation to France highlights a complex financial dilemma: maintain dual citizenship and face dual tax systems, or renounce U.S. citizenship and trigger...

George Clooney’s Exit Tax Dilemma

Read More

Avoiding a Business Seizure for Nonpayment of Taxes

A business seizure is a last-ditch effort following many other attempts at tax collections. Here’s what to watch for and how to respond....

Avoiding a Business Seizure for Nonpayment of Taxes

Read More

4NS-Supply

How do you go from zero sales to 800% growth while maintaining a medical career? Dr. Paul Pallan shares his story of dual-career success and...

4NS-Supply

Read More

Better Tax Preparer Oversight May Be on the Way

Tax preparer oversight might soon be getting a rehaul thanks to a bipartisan Senate bill that aims to impose stricter standards and penalties for misconduct....

Better Tax Preparer Oversight May Be on the Way

Read More

J. Anthony’s Refrigeration

From U.S. Navy technical training to founding J. Anthony’s Refrigeration in 1988, learn how John Bianchi’s commitment to excellence and high-level expertise built a trusted...

J. Anthony’s Refrigeration

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)