Is My Wife/Husband Entitled to Half My Business?
April 2025
If you are going through a divorce and own a business, you may be concerned about whether your spouse is entitled to a share of it. This is a common question, particularly for those who have built a business independently or inherited a family company. The answer depends on a range of factors, including how and when the business was acquired, and how it has contributed to the marriage.
This summary provides general information and does not constitute legal advice on any individual circumstances.
There is no automatic rule that a business must be split equally between spouses in a divorce. The court takes a holistic view of the couple’s financial situation and aims to reach a fair outcome based on all available assets, including property, pensions, savings, and business interests.
If the business was started or grew significantly during the marriage, a spouse’s interest in the business is likely to be treated as a matrimonial asset, and its value may be taken into account when dividing the marital pot. Even if your spouse had no direct involvement in the business, they may still be entitled to a share, particularly if the business provided income that supported the family.
However, if the business was established before the marriage and kept separate, the court may consider it a non-matrimonial asset. That said, if the business has increased in value during the marriage or has been relied upon to support the household, it may still be included in settlement discussions.
How Does the Court Decide on Business Division?
The court does not typically divide a business in a literal sense by handing over shares or forcing a sale. Instead, it will usually allow the owning spouse to retain the business and adjust the rest of the financial settlement accordingly. This could involve awarding the other spouse a larger share of the family home or other assets to compensate.
The court’s priority is to avoid disrupting a trading business where possible. If the business is the primary source of income for one or both parties, the court will seek to preserve its future operation while ensuring that the overall division of assets remains fair.
A formal valuation is often needed to determine the business’s worth. This can then be factored into the final settlement alongside the couple’s other financial resources.
What if My Spouse Was Not Involved in the Business?
Even if your spouse had no active involvement in running the business, their contribution to the marriage is still legally recognised. Responsibilities such as looking after the home, raising children, or supporting your career behind the scenes are all considered valuable contributions. The law does not require a spouse to have been directly involved in the financial or managerial side of a business for them to have a valid claim during divorce proceedings.
In the UK, both financial and non-financial efforts made during a marriage are of equal importance. The court may determine that it is fair for your spouse to receive a share of a business that was built or grown during the marriage, even if they were not directly involved in its operation, as they will have contributed in other ways.
Courts aim to reach a fair outcome based on individual circumstances, and this may involve valuing the business and considering whether a portion should be offset or divided in some way. In cases where the business is a significant asset, expert valuations and careful financial planning are often required.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
