When divorce and business ownership intersect, the stakes are high and outcomes can have lasting impacts. For entrepreneurs facing the dual challenges of ending a marriage and preserving a business, mediation presents a practical solution. In a detailed guide titled “Dividing the Business Without Destroying It: A Guide to Divorce Mediation for Entrepreneurs,” New York City divorce lawyer Ryan Besinque (https://www.besinquelaw.com/dividing-the-business-without-destroying-it-a-guide-to-divorce-mediation-for-entrepreneurs/) outlines how mediation can protect a company while addressing the needs of both spouses.

New York City divorce lawyer Ryan Besinque, of The Law Office of Ryan Besinque, emphasizes that mediation is not just a legal tool but a strategic resource for couples who own a business together. When both parties are willing to cooperate, mediation provides a framework to reach fair agreements without entering the courtroom. This method allows entrepreneurial couples to maintain control over their financial futures and minimize disruptions to business operations.

In New York, the principle of equitable distribution governs divorce settlements, meaning assets, including business interests, must be fairly divided. According to New York City divorce lawyer Ryan Besinque, a business founded or expanded during the marriage may be treated as marital property. Mediation allows for tailored solutions that litigation may not offer, especially when liquidity and valuation concerns make a clean split difficult.

Entrepreneurs often benefit from the flexibility and privacy that mediation allows. Mediation enables business-owning couples to negotiate terms that align with their professional goals. Agreements can be structured to include buyouts, deferred payments, or asset swaps, depending on what best preserves the business’s operations. Ryan Besinque notes that, “A well-structured business valuation can protect a company’s continuity while addressing the interests of both spouses during divorce mediation.”

Preparation is a key theme in the guide. To support mediation, couples are encouraged to gather detailed financial documentation such as profit and loss statements, tax returns, and ownership agreements. These materials provide clarity on what is subject to division and streamline discussions. New York City divorce lawyer Ryan Besinque recommends that couples take time to clarify roles, ownership percentages, and intellectual property rights to avoid confusion during the negotiation process.

Valuation is another central concern. Determining a business’s worth involves more than tallying assets; it may also require assessing goodwill, brand recognition, and future earning potential. Ryan Besinque suggests that engaging a neutral valuation professional early in the process can reduce disputes and guide equitable resolutions. Different methods, such as income, market, or asset approaches, may be applied based on the nature of the business.

For situations where one spouse retains the business, options such as installment buyouts or asset offsets can serve both parties without threatening operational stability. Creative approaches, including phantom equity or profit-sharing, can also be used when direct ownership transfer is impractical. These strategies allow the business to remain intact while still recognizing the contributions of both individuals.

Beyond asset division, operational continuity during divorce is critical. Ryan Besinque highlights the importance of establishing temporary governance rules and communication protocols. This reduces internal conflicts and ensures employees, vendors, and clients remain confident in the business’s leadership.

In some cases, former spouses may choose to continue working together after the divorce. Ryan Besinque advises formalizing a new operating agreement that defines responsibilities, ownership stakes, and dispute resolution mechanisms. This forward-looking approach helps manage expectations and avoid future legal conflicts. Communication guidelines and buy-sell agreements can further support a stable working relationship post-divorce.

Tax implications are also addressed in the guide. Transferring business interests can lead to tax liabilities if not carefully planned. Mediation allows time to evaluate these factors and make informed decisions that reduce risk. The ability to resolve matters privately gives couples additional control over sensitive financial details.

Selecting the right mediation team is a final but vital element. A team typically includes a neutral mediator, legal advisors, financial professionals, and sometimes a consulting attorney with business knowledge. A New York City divorce lawyer from The Law Office of Ryan Besinque can assist in identifying these professionals and reviewing proposed agreements to ensure they align with state laws and the couple’s financial goals.

For entrepreneurs facing divorce, maintaining a functioning business is not only possible but often more likely with mediation. Ryan Besinque’s guide offers practical steps to help business-owning couples resolve disputes while preserving the value of what they’ve built together. The Law Office of Ryan Besinque supports clients in navigating this challenging process with clarity and care.

Entrepreneurial couples considering divorce can benefit from exploring mediation as a first step. Working with an experienced legal team helps ensure that both financial and operational interests are protected. Ryan Besinque offers guidance to those who seek balanced outcomes without damaging the businesses they’ve worked hard to grow.

About The Law Office of Ryan Besinque:

The Law Office of Ryan Besinque provides legal services in family and matrimonial law, with a focus on helping clients reach fair, workable outcomes. Based in New York City, the firm supports individuals through divorce, custody, mediation, and related matters. Ryan Besinque is dedicated to offering thoughtful guidance tailored to each client’s unique circumstances.

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