Strategic Divorce Representation for Business Owners and Equity Stakeholders

Protecting the Business While Resolving the Divorce

Guidance for Divorce Involving Closely Held Companies

When a business is part of the marital estate, divorce becomes a high-stakes negotiation. At Gassman Baiamonte Gruner, PC, we represent business owners and spouses of business owners in matters involving valuation, ownership rights, and equitable distribution. Our staff includes former forensic accountants and attorneys knowledgeable and skilled in the intricacies of business and asset valuation issues.


Whether your company is a professional practice, startup, or generational business, we help structure legal outcomes that protect operational continuity, income streams, and shareholder interests—while pursuing fair division of marital assets.

We Understand the Intersection of Business and Family Law

From Executive Compensation to Partnership Agreements

Our firm brings deep knowledge of how business entities impact divorce litigation. We work with valuation professionals to determine the true worth of corporate interests, including stock options, deferred compensation, and goodwill.


Clients rely on us to interpret operating agreements, manage discovery requests without harming business operations, and protect confidential information from unnecessary exposure in court.

When Both Spouses Share Business Ties

Dividing Ownership Without Destroying the Business

In some divorces, both spouses are involved in the same company. Our role is to minimize operational disruption and avoid litigation outcomes that cripple the business. We structure settlements with precision, accounting for voting rights, buyouts, and control issues.


These are not cookie-cutter cases. They require legal counsel with experience handling complex and sensitive business issues—not just court filings and boilerplate solutions.

FAQs About Divorce Involving a Business

Frequently Asked Questions from Business Owners and Spouses

  • What happens to my business if I get divorced in New York?

    In New York, a business started or grown during the marriage may be subject to equitable distribution. Even if your spouse isn’t listed as an owner, the business’s value could be divided.

  • Can I keep my business following the divorce?

    If the business is considered separate property and hasn’t appreciated due to marital efforts, it may be excluded. However, most situations involve some marital contribution, which courts will weigh in distribution.

  • Do I need a business valuation?

    Almost always. An independent business valuation is critical in determining each spouse’s entitlement, especially when goodwill, income-producing assets, or retained earnings are in play.

  • Will a divorce affect my business partners?

    It can. The terms of your operating or shareholder agreement matter. We review those documents to understand the risk and advise on protective steps to insulate third parties.

  • Can I buy out my spouse’s share of the business?

    Yes—this is a common strategy. A negotiated buyout may allow one spouse to retain the business while the other receives offsetting assets or payments.