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Category: Property Division

Non-Competition Clauses and Collaborative Divorce

Continued from Part I, Non-Competition Clauses and Valuing a Business in a Divorce. Part I of these posts addressed general issues in business valuations, and some of the special issues in valuing a business for a divorce. Which brings us to the main topic of these posts, how a buyer’s requiring a non-competition clause as part of the purchase of a business, affects and relates to calculating personal goodwill and the value of the business. Generally, when someone buys a business, they don’t want the new owner opening up right down the street and siphoning away business. So, a non-competition clause prohibits a seller from doing that for a certain period of time, within a certain geographic area. Non-Competition Clause and Personal Goodwill As this relates to the marital value of a business, generally an argument that will be accepted is that if a seller requires a non-compete clause, it

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Non-Competition Clauses and Valuing a Business in a Divorce

One of the significant issues in some divorces is valuing a business operated by one spouse. A business can be a valuable asset, and valuation issues can be complicated and produce a fair amount of dispute. Before getting into non-competition clauses as part of the sale of a business, and how they relate to valuing a business in a divorce, first a more general discuss of business valuations, and particular issues in business valuation relevant for a divorce. General Issues Issues that come up in any business valuation, including those outside of a divorce, can arise in valuing a business as part of a dissolution of marriage. There are the technical, financial factors that go into valuing a business – value of assets, multiples of income, industry data and trends, and other financial and business variables and analyses. In a divorce, one spouse might seek to arrive at a low

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Innocent Spouse Relief, and Your Florida Divorce

Even though Florida is a no-fault divorce state, issues of fault or wrong-doing often do come up in Florida divorces, regarding time-sharing, property and debt division, alimony and other issues in the case. This post, however, does not focus on fault or innocence in those contexts, but rather on relief that is sometimes available, and responsibility that can arise, when spouses file a joint tax return, and the IRS determines there are problems with the return and comes after the couple. One caveat to mention at the outset — this post is intended to raise issues you should be aware of and to point you in the direction of seeking tax advice if these issues are present in your case, not to provide any tax advice. I practiced in the area of tax law earlier in my career, but it is not my focus any longer, and tax law, like

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Navigating A High Net-Worth, Contested Florida Divorce

A contested, high-net worth divorce in Florida involves an interesting combination of a transaction or case that in many ways resembles any complicated business matter, but in the context of a divorce, where emotions run strong, and where the the legal standard for deciding the property and alimony issues, are basically – what’s “fair” or equitable. The business or property issues in your divorce will be decided in family court, usually in the Judge’s Chambers where family law cases are typically heard, and most likely during the same hearing or trial where children’s issues are decided also. So, the litigation factors of adequately presenting your case to your Judge, and explaining why the positions you are taking on business or money issues are fair or equitable, are important. A second important component of a contested, high-net worth divorce, is doing the ground work to be prepared and take the guess

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