Business Valuation (Divorce)

Business Valuation (Divorce)

Business Valuation (Divorce)

Valuation applies income, market, and asset approaches to determine value at a specified date. Standards of value vary by state between fair market value and fair value, and treatment of goodwill differs substantially.

Personal goodwill is excluded in many states.

Alternative Names:

Marital Business Valuation|Divorce Business Appraisal

Why it Matters?

Personal goodwill exclusion is the largest valuation variable in professional practices, since value attributable to the individual's reputation and relationships is excluded from the marital estate in many states while enterprise goodwill is included, and the allocation between them frequently determines most of the value. Discounts for lack of marketability and control are also treated inconsistently, with several states rejecting them in divorce contexts.

Frequently Confused with

Related terms

Frequently asked questions

What is the largest valuation variable?

What is the largest valuation variable?

Personal versus enterprise goodwill allocation, since many states exclude personal goodwill from the marital estate.

Are marketability discounts applied?

Are marketability discounts applied?

Inconsistently, with several states rejecting them in divorce despite accepting them in other valuation contexts.