So long as a small business is a separate property, the business is not eligible for negotiation during divorce proceedings. The situation radically changes if you and your spouse were married when the company was founded. If your marriage precedes the creation of your business, it will likely be considered marital property since your spouse was a part of your life when the business was created. The specifics will vary by state and circumstance, but generally, your small business has a high chance of ending up on the negotiating table if your spouse contributed in any significant way.