In many cases, a spouse can get a forensic accountant to determine how much the business is worth. If the business was started by one spouse before the marriage, then getting a divorce may not impact it if it is able to remain the separate property of the spouse who started the business. The problem is that many businesses lose their status as separate property during the marriage.If the business increased in value during the marriage, that increase in value could be considered marital property. Anything that is considered marital property is fair game and can be divided between the spouses. In this scenario, the increase in value can be subject to an equal or equitable distribution.If your spouse contributed to your business then the business is marital property subject to distribution. If the business was formed during the marriage, it is also marital property and subject to distribution. That doesnât mean necessarily that a court is going to have money come from the business to pay your ex, but that could happen. There may be other ways to compensate your ex for what his or her portion of the business is worth without the money coming directly from the business.The better practice is to know that business and divorce do not mix. Even if this was a husband and wife business, you can be protected if you take steps in advance in case you no longer are married business partners.