MY SPOUSE OWNS A BUSINESS IS THAT SUBJECT TO EQUITABLE DISTRIBUTION

Either your spouse owned a business prior to marriage or opened a business during the marriage and it has successfully grown throughout the years.  Now you are getting divorced, and you are curious if you are entitled to any part of this business?  In New York, businesses established during marriage and prior to the commencement of a matrimonial action is marital property and subject to equitable distribution.   Additionally, even if the business was established before the marriage, the appreciation of its value, where there have been contributions by the other spouse or the use of marital funds to increase its value, is marital property subject to equitable distribution.   

How will the Court value the business?  In most instances if a dollar amount cannot be agreed upon between the parties, a forensic accountant will be retained to determine its value. Keep in mind this cost is expensive.  Your percentage of the business will be determined by your contribution to the business, the length of the marriage and the length that the business has been in operation.