When one or both spouses own a business, a divorce raises questions most couples never face: whether the business is marital property, what it’s worth, how owner income is counted for support, and how to keep the business running while the case is pending. This guide collects our articles on business ownership and divorce in Nebraska.
The articles are grouped by the questions business owners and their spouses ask most often.
Is the business marital property?
What Happens to My Business If I Divorce in Nebraska? — An overview of how businesses are handled in a divorce.
If a Business Was Owned Before the Marriage, Does the Other Spouse Get Half of Its Growth in a Nebraska Divorce? — How growth in a premarital business can be treated.
How Does Nebraska Divide a Family Farm or Business in a Divorce? — Special issues with family farms and family businesses.
Does a Buy-Sell Agreement Decide What Happens to My Business Interest in a Nebraska Divorce? — How ownership agreements interact with the divorce.
What is the business worth?
How Can a Business Valuation Be Manipulated in a Nebraska Divorce? — Red flags in a business valuation.
What Happens to the Goodwill of My Business in a Nebraska Divorce? — Personal vs. business goodwill.
How Is a Medical, Dental, or Law Practice Valued and Divided in a Nebraska Divorce? — Issues specific to professional practices.
How Are Rental Properties Divided in a Nebraska Divorce, and What Happens to the Cash Flow? — Real estate investments and rental income.
Why Do High-Net-Worth Nebraskans Need a Forensic Accountant During a Divorce? — When financial experts are worth the cost.
Owner income, support, and compensation
Can a Business Owner Look Cash-Poor in a Nebraska Divorce While the Business Is Making Money? — Retained earnings and how income is measured.
How Does Nebraska Law Treat K-1 Income, Company-Paid Expenses, and Owner Perks in a Divorce? — Pass-through income and perks.
Is My Deferred Comp, Bonus, or “Phantom Income” Marital Property in a Nebraska Divorce? — Compensation that isn’t paid out yet.
Practical issues during the case
How Do You Pay the Bills During a Nebraska Divorce When Your Wealth Is Tied Up in a Farm or Business? — Cash flow while the case is pending.
My Spouse Is Keeping the Business in Our Nebraska Divorce. Why Can the Bank Still Come After Me? — Business debt and personal guaranties.
Who Works for Whom When You Share a CPA, Wealth Manager, and Business Lawyer in a Nebraska Divorce? — Shared professionals and confidentiality.
The firm’s divorce clients also have access to our in-house divorce coaching at no additional fee, which can help with the stress of running a business while the case is pending.
This guide is for general educational purposes only and is not legal advice. Laws, court rules, and local practices change, and this page may not reflect the most current developments. Reading this guide or the articles it links to does not create an attorney-client relationship with Zachary W. Anderson Law. For advice about your situation, talk with a Nebraska lawyer.