In Florida, the equitable distribution of assets in a divorce is governed by § 61.075, F.S. As a general rule, property acquired by the parties during the course of their marriage, including a business begun during the marriage, will be divided equally unless the court determines, after considering certain statutory factors, that some justification exists for an unequal distribution between the parties. While a business acquired or begun during the marriage is generally a marital asset, a company begun during the marriage using solely non-marital funds, may be determined to be a non-marital asset and may not be subject to equitable distribution. At least one Florida court has held, furthermore, that it was error for a trial court to order parties to remain co-owners of a business and to continue to work together after the dissolution if they did not wish to do so. See Manolakos v. Manolakos, 871 So.2d 258 (Fla. 4th DCA 2004). Pursuant to § 61.075(1)(f), the court may consider a spouse’s desire to retain his or her interest in or ownership of a jointly-owned business, corporation, or professional practice, intact and free from any claim or interference by the other spouse. The court must also consider, however, the contribution during the marriage of both spouses to the acquisition, enhancement, production of income, improvement of, or incurring of liabilities to, such a jointly-owned business. See § 61.075(1)(g). In valuing a business for purposes of equitable distribution, the court must calculate fair market value by measuring the value of the business’ tangible assets (including book value, accounts receivables, physical assets and liabilities), any enhancement in the value of the assets during the marriage, and the value of goodwill (the transferable likelihood of increased earnings). If marital funds or the efforts of the parties were used to enhance the value of the business, this enhanced value would also become a marital asset subject to equitable distribution. Even though a spouse may not be the key decision-maker in a business, if spousal efforts contribute to a closely held corporation’s overall success, the appreciation is a marital asset to be considered by the court. Keep in mind, however, that corporate assets may not be awarded to a spouse without joining the corporation as a party to the dissolution of marriage proceedings. Porcaro v. Porcaro, 531 So.2d 407 (Fla. 2d DCA 1988). Valuing and dividing a business acquired or begun during a marriage can be tricky. If you are contemplating divorce and have questions regarding your rights and interests in a jointly owned or family business, it is imperative that you contact an attorney experienced in both family and business law matters. Our highly experienced Central Florida divorce attorneys are available to answer your questions; call us to today at 407-426-6999 to schedule a consultation.