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Divorce for Business Owners

Dividing assets during divorce when one of the parties is a business owner is a complex procedure, and often could have major consequences for the family, shareholders and business partners. There are many points to take into consideration when arranging this, and Mike Robertson Associates are well placed to help you make the right decisions.

Mike Robertson Associates can work with a forensic accountant to undertake a full and independent review of the business. This process can determine:

  • An up to date valuation of the business assets
  • The tax implications of disposal of the assets
  • How to extract funds from or generated by the business

If one party in the divorce is to have no ongoing involvement in the business there are two ways in which to make payments.

Lump Sum Settlement

This can be a substantial one-off dividend payment, or the use of a company buy-back of shares, or a directors loan against future earnings and dividends.

Ongoing Maintenance Payment

This could be an arrangement for the phased transfer of shares from one party to the other at an agreed value, an attachment of earnings at a set level or it is possible to involve the issue of redeemable preference shares to pay a fixed dividend for a fixed period.


As well as assisting you personally, Mike Robertson Associates can also help to protect the future of the business by advising you in the best use of business and non business assets.

The decision whether to utilise the business assets depends upon whether there are sufficient assets to counterbalance i.e. marital home, pension, other property etc.

The business assets could be utilised by considering a sale and leaseback of the property from which the company trades, or transferring any excess property asset to the spouse. Whether both parties are maintaining involvement in the business or not, Mike Robertson Associates can work with your solicitor and accountant to ensure that Pensions and Key Person insurances are all dealt with in a manner which benefits both parties.