Business Valuation Divorce Lawyer Brooklyn
When one or both spouses in a Brooklyn divorce own an interest in a closely held business, a professional practice, or another asset that does not trade on an open market, valuing that interest becomes one of the most consequential parts of the case. New York law recognizes this directly: the equitable distribution factors a Kings County court applies include the difficulty of valuing certain assets or business interests as a distinct consideration. Law Offices Of SRIS, P.C. represents Brooklyn spouses on both sides of these disputes, whether the client owns the business or is seeking a fair accounting of a spouse’s business interest.
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys work on Brooklyn business valuation matters alongside him. His background in accounting and information systems informs how the firm approaches the financial records, valuation methodology, and expert input that a business-interest dispute typically requires. The firm does not offer free consultations, and a consultation can be scheduled by phone. The firm’s intake line is staffed 24/7 at (888) 437-7747.
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ToggleWhat Business Valuation Divorce Means in Brooklyn
New York divides marital property under the equitable distribution framework in N.Y. Dom. Rel. Law § 236(B)(5), which directs a court to distribute marital property equitably after considering sixteen enumerated factors and the circumstances of the case. Among those factors, the statute specifically identifies the difficulty of valuing certain assets or business interests, recognizing that not every marital asset has a readily observable market price the way a bank account or publicly traded stock does.
A closely held business, professional practice, or similar interest acquired or grown during the marriage is generally marital property subject to distribution, distinct from the narrower category of a spouse’s own professional license or academic degree, which the statute excludes from marital property even while directing the court to consider the other spouse’s contributions to its development. Valuing a business interest for divorce purposes typically requires reconstructing financial records, assessing the business’s earnings and assets, and accounting for factors specific to the entity, all of which the statute’s difficulty-of-valuation factor acknowledges as a legitimate consideration in how the court approaches the case.
Because business interests are often illiquid, the statute’s other factors also come into play, including the liquid or non-liquid character of the marital assets and the tax consequences of any proposed distribution to each party. A Kings County court weighing how to divide a business interest, or an offsetting award tied to its value, considers all of these factors together rather than valuation in isolation. Brooklyn spouses with business interests should expect that a fair resolution will depend on a credible valuation record, not simply on one party’s assertion of what the business is worth.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases
When a Brooklyn case involves a business interest, Mr. Sris and the firm’s Of Counsel attorneys begin by identifying what financial records exist for the business and what additional documentation will be needed to support a credible valuation position, whether the client is the business-owning spouse or the other party to the marriage. Given the difficulty-of-valuation factor built into DRL § 236(B)(5), the firm treats the underlying financial record as central to the case from the outset rather than an afterthought.
The firm coordinates with valuation professionals as needed to develop or evaluate a valuation methodology appropriate to the type of business or practice involved, and reviews any valuation the other side presents for its assumptions and supporting data. Mr. Sris and the firm’s Of Counsel attorneys then use that analysis to negotiate a resolution or, where the parties cannot agree, to present the client’s position at a hearing in Kings County Supreme Court.
Throughout the matter, the firm also considers how a business interest interacts with the other equitable distribution factors, including tax consequences and the liquid or non-liquid nature of the marital estate, since a business award is rarely evaluated in isolation from the rest of the marital property. The firm explains the valuation process and its uncertainties candidly, without promising a specific value or outcome, since the ultimate distribution depends on the evidence presented and the court’s weighing of the statutory factors.
Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. Before founding the firm, he worked as a prosecutor, and his background in accounting and information systems from George Mason University applies directly to complex financial and technology-related cases, including divorces involving closely held business interests. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, an admission that covers the Brooklyn business valuation matters the firm handles in Kings County Supreme Court.
The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and work with Mr. Sris on Brooklyn financial and property disputes, including business valuation matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.
Frequently Asked Questions
Is a business owned by one spouse considered marital property in a New York divorce?
A business interest acquired or built up during the marriage is generally treated as marital property subject to the equitable distribution factors in DRL § 236(B)(5), separate from the narrower carve-out for a spouse’s own professional license or degree, which the statute excludes from marital property.
Does New York law address how hard it can be to value a business in a divorce?
Yes. DRL § 236(B)(5) lists the difficulty of valuing certain assets or business interests among the factors a court considers in reaching an equitable distribution, recognizing that these assets do not always have a readily observable market value.
What happens if my spouse and I disagree about what our business is worth?
Disagreements over business value are common and typically require a documented valuation approach, often involving financial records and, where appropriate, professional input, so the court has a credible basis for an equitable distribution decision rather than competing, unsupported estimates.
Can I keep my business and have my spouse receive other assets instead?
Courts often consider offsetting awards, where one spouse retains a business and the other receives other marital assets of comparable value, as one possible approach to equitable distribution under DRL § 236(B)(5), though the specific outcome depends on the full range of statutory factors and the parties’ overall marital estate.
Who handles the valuation analysis in a Brooklyn business valuation divorce case?
Mr. Sris and the firm’s Of Counsel attorneys coordinate the documentation and analysis needed to support or evaluate a business valuation, drawing on Mr. Sris’s accounting and information systems background where relevant, and present the resulting position to the other side or to Kings County Supreme Court as the case requires.
Related Pages
- Equitable Distribution Lawyer Brooklyn
- High Net Worth Divorce Lawyer Brooklyn
- Marital Property Division Lawyer Brooklyn
- Alimony Lawyer Brooklyn
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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