By Attorney Lei Jiang, Lei Jiang LLC.
Probably not half — and probably not a forced sale. Ohio divides marital property fairly, not necessarily equally. The court starts from an equal split but can adjust it, and it looks at the whole estate — the business, the house, retirement accounts, debts — not the company alone. That distinction matters most for business owners, because the company’s value often dwarfs everything else in the estate.
First the court classifies the business. A company started during the marriage is generally marital property. A company you owned before the marriage starts as separate property — but growth during the marriage that came from either spouse’s efforts is marital, so the business is often part separate and part marital.
Then it must be valued, and that is where these cases are won or lost. Appraisers use income, market, and asset approaches, usually blended, and each spouse may hire their own expert. The valuation date is usually close to the final hearing, so the number can move while the case is pending. Good records help enormously: clean financials, tax returns, and a clear paper trail on who contributed what make the expert’s job — and your case — stronger.
The court rarely orders the spouses to keep running a business together. More often, one spouse keeps the company and the other receives other assets or a payment over time — a distributive award the court can order to reach a fair result.
Know what it’s worth: get an independent valuation early, before positions harden — the number drives every other decision in the case.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is for general information only and is not legal advice.