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Premier Murfreesboro Attorney Skilled in Unraveling the Complexities of Business Ownership and Divorce

Protect your financial interests in a business during a divorce with a results-oriented attorney  

Whether you are a business owner or are married to one, you need an attorney representing you who understands how a business is handled in court is not as simple as selling it and dividing the proceeds. Murfreesboro divorce attorney David L. Scott has the skill, knowledge and experience gained from almost two decades of representing Tennessee business owners and their spouses in high-asset divorces. We develop effective strategies for maximizing the results achieved for clients.

Understanding how business ownership is affected by Tennessee equitable distribution laws 

Unless the parties in a divorce negotiate an agreement between themselves, state law authorizes a judge to distribute assets in a way that is equitable. Equitable does not, however, mean an equal distribution of assets. It also does not include all assets owned by the parties.  

Property is classified as either marital or separate. Separate property is that which was acquired prior to the marriage or by gift or inheritance during the marriage. If one of the spouses sells separate property and uses the funds to acquire additional property, the newly acquired property would retain its classification as separate property. 

Marital property is real or personal property acquired during the marriage. It might also include the increase in value of separate property attributable to the use of marital assets. For example, if one spouse owned a home prior to the marriage, the appreciation of its value due to renovations made by the parties after they got married might be classified as marital property for purposes of equitable distribution. 

Ownership of a business is an asset for purposes of equitable distribution.  The circumstances surrounding its acquisition, including when and how it was acquired, are factors a court will take into consideration in determining whether it is marital or separate property.

Protecting what is rightfully yours

When only one spouse has an ownership interest in a business, the non-owner spouse could be at a disadvantage in a divorce without the skilled representation of a savvy divorce attorney. Some of the things a knowledgeable attorney looks for when evaluating a business during a divorce include:  

 • Sudden drop in income: The profitable business that suddenly begins experiencing losses at around the time of the commencement of divorce proceedings might be worth a closer look to determine if the income fluctuation is being manipulated by the owner.


Cash businesses: Some businesses may be more difficult to evaluate because they generate a substantial portion of their income in the form of cash. As your divorce attorney, David L. Scott has the experience to recognize tactics a business owner might employ to thwart his or her spouse’s equitable distribution rights.


Business-paid personal expenses: It is a common practice for some business owners to pay their personal expenses through their business. This tactic serves to lower the income the business owner shows in a divorce while increasing the expenses shown on the books of the business.
 

Whether you are the owner of a business or married to a business owner, you need an attorney capable of enforcing your equitable distribution rights through tough negotiation strategies and creative approaches to what may be complex legal and business issues.

Contact us when you need a capable and trusted advocate to handle your divorce 

Murfreesboro divorce attorney David L. Scott has the knowledge and skills needed to identify and resolve the unique challenges presented by complex divorce involving business interests. For a free confidential consultation, contact us by calling 615-896-7656 or use our online contact form.

 

 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

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Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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