Who Gets the Family Business in a Divorce?

The way the court apportions the value of a family business is they try and determine when the business was created. If the business was created prior to the marriage, the individual that created and ran the business before the marriage typically gets the business. However, it is not as simple as that. It is usually much more complicated because the value of businesses grows and sometimes falls. The court has to look at how much was created prior to the marriage and how much was created during the marriage, and apportion that equitably.