In most cases, one spouse will be much more involved in the business than the other spouse, particular in the case of a professional service business (such as a medical practice, where only one spouse may be a doctor). If the parties can decide who will continue with the business, the issue becomes how to pay the spouse who will not continue with the business for his or her fair share. Sometimes there can be sufficient marital assets to make this allocation (one spouse gets the house, the other spouse gets the business). In other cases, the spouse getting the business will pay the other spouse over time.
Depending upon whether we represent the business-owner spouse or the non-owning spouse, there are many important considerations that go into developing these settlements, such as issues like obtaining security for the payments to be made and developing consequences as to what should happen if payments are missed. In a structured settlement, we will work diligently in negotiations to protect the interest of clients.