Divorces are not easy nor are they always collaborative. The dissolution and division of a marriage takes on a special element when the divorcing couple jointly own or operate a business. The complexities of business ownership rights are ripe with implications that can disrupt a divorcing couple beyond the division of assets, including fiduciary responsibilities, minority ownership issue and freeze-outs, triggers for unlawful oppressive conduct, indemnification rights, and the means of enforcing such rights. These issues can linger long after the marriage dissolves as the former spouses maintain their respective roles in the company with ongoing disputes in management, operations, and distribution of assets. Because of RKW’s unique history and experiences in handling disputes among business owners and operators, its attorneys have developed an expertise in assisting divorce counsel navigate these challenging issues.

RKW’s attorneys work with individual parties and in tandem with divorce counsel to supplement the support structure business owners need to achieve equitable resolution of jointly held businesses. Whether the role is to create or modify an appropriate agreement or file suit to prevent dissipation of assets, RKW will be available to assist a divorcing spouse and their counsel navigate these particularly challenging issues.  We also coordinate and work with forensic auditors, business valuation specialists, and other experts in protecting the client’s interests, making sure the client fully understands the financial picture presented and where they have exposure to future or ongoing disputes with their former spouse.

In addition to the needs of the divorcing couple, there are times when third-parties are impacted by the divorcing owners including other co-owners, officers, directors, employees, or creditors. RKW has experience in providing advice and counsel to such third-parties who need help ensuring that their interests are protected and minimally impacted by divorcing owners.

If you are a party or counsel involved in a divorce plagued by such issues, or a company representative who is directly impacted by a divorcing couple, please contact the attorneys at RKW who can help protect and preserve your rights.

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