4 Ways You Can Protect Your Business During Your Michigan Divorce

 Posted on April 07, 2026 in Asset Division

All marital property will be subject to division in a Michigan divorce. People who own a professional practice or their own business have slightly different concerns when it comes to a divorce, specifically when marital assets are being divided.

Marital property is any property that was acquired by either spouse during the marriage, including businesses. When your livelihood is at stake, consider working with our Novi, MI business divorce lawyers. We have over 20 years of experience in family law, so you can trust us to handle your divorce with care.

Four Ways You Can Protect Your Business in a 2026 Divorce

From negotiation to valuation, there are ways to protect your business from collapsing during divorce.

Get a Fair Valuation of Your Business

The first step in determining what to do with your business is figuring out how much it is worth. The court will likely require that you have a valuation of your business on hand, and it will appoint a professional to make one if you do not already have one. It may be a good idea to use court-appointed professionals because they tend to be the most neutral and unbiased. If you disagree with their findings, you can hire your own to do another valuation.

A proper valuation usually looks at multiple factors. It may include the company’s income, debts, equipment, client list, and future earning power. If you own a professional practice, the valuation may also look at records that show how stable the business is. The stronger your records are, the easier this process may be. Missing or messy records can create doubt and lead to fights over value.

In Michigan, the court may divide property in a way it finds just and reasonable, which is one reason a reliable valuation matters so much in a divorce involving a business (MCL 552.19). A fair number helps protect you from giving up too much or asking for too little. It also gives you a better chance to plan for what comes next, whether that means keeping the company, selling it, or sharing its value another way.

Give Yourself a Decent Salary

It is important to pay yourself a decent salary when you own a business or practice. If you cut down on your salary so you can use that money to grow the business, your spouse’s lawyer could make a case that your spouse deserves more of the company’s assets. Investing enough money into your household is just as important as investing enough money into your company.

This issue comes up often with small business owners. Many owners try to keep costs low and put extra money back into the company. That may make sense from a business perspective. However, during a divorce, it can create problems. If you pay yourself too little, it may look like you are making the business seem less valuable than it really is. It may also look like you chose the business over your family’s daily needs.

A reasonable salary can help tell a more honest story. It shows that the business supports your life, not just your long-term plans. It can also make your financial records easier to understand. When your income is clear and steady, it is harder for the other side to argue that you hid money in the company or unfairly reduced your household income.

Negotiate With Other Assets

If you desperately want to keep the business, try negotiating with other assets that are part of your marital estate. For example, if you do not care about keeping a vacation home that you and your spouse own together, offer the home to your spouse in exchange for the entirety of your business. This can be a good way to make sure the business stays in your complete control.

You should think carefully about which assets matter most to you over time. A business may be more than property. It may be your income, your reputation, and your future. On the other hand, another asset may cost a lot to maintain or may not matter much to you emotionally. Looking at the big picture can help you make better choices.

Consider Settling With Your Spouse

If you can settle your case instead of going to trial, that may be the better path for your business. A divorce trial can pull your focus away from daily operations for weeks or even months. You may need to meet with your lawyer often, gather records, answer questions, attend hearings, and prepare to testify. All of that takes time away from running the company.

That lost time can hurt in ways that are hard to measure. You may miss chances to grow the business. You may respond more slowly to clients. Employees may notice the stress and uncertainty. Vendors and partners may also feel the effects if decisions are delayed. Even if the business survives the case, the strain can leave lasting damage.

Trials can also drain money that would be better used elsewhere. Legal fees, expert fees, valuation costs, and court-related expenses can pile up quickly. Those are precious assets that could otherwise support your children, help you rebuild, or strengthen the company. When business owners fight over every detail, they often spend money that neither side gets back.

Creative settlements can reduce conflict. If both spouses focus only on "winning," the case can drag on. But if each side looks for practical solutions, there may be more room to compromise. For a business owner, that kind of stability can be especially important.

Contact Our Oakland County, MI Asset Division in Divorce Attorneys

A divorce can be difficult, but when something as important as your business is on the line, it can be even more stressful. You built your business from the ground up, and you dedicate your life to making sure it is successful. The last thing you want is for it to be torn apart because of a divorce.

At Elkouri Heath, PLC, we recognize how emotional divorce can be and offer compassionate, customized representation so that you get the attention you deserve. Our knowledgeable Novi, MI property division lawyers can advocate for your fair share of the marital property. Call our office today at 248-344-9700 to schedule a free consultation.