For a small business owner, divorce can raise questions that extend well beyond the family home or joint bank accounts. A business may represent years of work and provide the income that supports both spouses. If they built or operated it together, separating their personal lives may also mean untangling their working relationship.
Understanding how a business may be addressed in a Vermont divorce can help owners prepare for difficult decisions while protecting ongoing operations.
Is the Business Part of the Property Division?
Vermont courts have broad authority to divide property in a divorce. All property owned by either or both spouses may be considered, regardless of when it was acquired or whose name appears on the ownership documents. A business started before the marriage or inherited from a parent is therefore not automatically excluded.
However, being subject to division does not mean that a business must be split equally. Vermont follows equitable distribution, which calls for a fair division based on the circumstances. Relevant considerations include the length of the marriage, each spouse’s financial situation, and their contributions to acquiring or preserving property. Nonfinancial contributions, including homemaking, also matter.
Determining What the Business Is Worth
Before spouses can meaningfully discuss how to address a business, they need a reliable understanding of its value. Annual revenue alone does not answer that question, and a business’s tax return may not tell the whole story.
Depending on the company, a valuation may examine its assets and outstanding debts, along with its earnings history and future prospects. The business’s dependence on the owner’s personal involvement may also require careful analysis.
A qualified valuation professional can help assess these issues. Even when spouses agree that one person should keep the business, disagreements about its value can make settlement difficult. Establishing a supported value provides a stronger starting point for negotiations.
Can One Spouse Keep the Business?
One possible resolution is for one spouse to retain the business while the other receives different assets or a negotiated payment. For example, the overall settlement might allocate a larger share of other property to the spouse who is giving up a claim to the business. That arrangement must be financially workable. A business may have substantial value without enough available cash to fund an immediate buyout. Payment terms should account for operating expenses and the company’s ability to continue generating income. Selling the business may be another option. Some former spouses consider continuing as co-owners, although that requires a realistic assessment of whether they can work together and a clear agreement governing future decisions.
What If Both Spouses Work There?
When both spouses are involved in daily operations, ownership is only part of the discussion. They may also need to address employment responsibilities and compensation while the divorce is pending. Consider practical questions early: Who will communicate with employees? Who can approve significant expenditures? How will financial information be shared? Temporary arrangements can help preserve stability while longer-term issues are resolved. Personal disagreements can otherwise spill into business decisions and affect relationships with customers or staff.
Prepare Before Making Changes
Gather financial records and any agreements affecting ownership or transfers. If other owners are involved, their rights and the company’s governing documents also need attention.
Before changing compensation, transferring ownership, or making unusual withdrawals, speak with an attorney. Decisions made during a divorce can affect both the business and the property settlement. Contact Deppman Law PLC
Addressing a business in divorce requires attention to the company’s future as well as each spouse’s financial needs. If you own a business and are considering divorce, or have questions about a jointly operated company, reach out to Deppman Law PLC for more information about your options.

