Divorce for Business Owners
Trusted Legal Support for Business Owners During Divorce
New Orleans Divorce Attorney for Business Owners
Our Louisiana Divorce Attorney Will Help You Navigate Asset Division, Including Business Interests
One of the most challenging aspects of any divorce is dividing marital property—and that challenge increases significantly when a business is involved. In Louisiana, a business owned by one or both spouses during the marriage is typically considered community property and subject to division. While that may sound straightforward, the process of accurately valuing a business and dividing interests fairly can be extremely complex. Factors such as equipment, outstanding debts, accounts receivable, ownership interests, and other financial details must all be taken into account.
At the Rousell Law Firm, we understand the stakes involved in divorces that include business assets. While we can’t guarantee a painless process, we are committed to providing the steady guidance and experienced advocacy you need to protect your interests and reach a fair resolution.
When Both Spouses Own the Business
Under Louisiana law, when both spouses share ownership of a business, the divorce process can become significantly more complex. In addition to resolving personal matters such as custody arrangements and the division of personal assets, divorcing spouses who are also business partners must navigate the challenge of maintaining a working relationship—at least temporarily—while determining how to move forward with the business.
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In many cases, the couple will choose to dissolve the business, sell the assets, and divide the proceeds. In others, one spouse may buy out the other’s interest in the company. It is uncommon—but not unheard of—for divorcing spouses to continue operating the business together after the divorce.
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Complications increase when third-party co-owners or investors are involved. Their interests must also be protected, particularly when family members or outside stakeholders hold a share in the business.
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To avoid these complications, it's strongly recommended that couples who enter into business together execute a written agreement in advance. This agreement should outline how the business will be managed in the event of a divorce or provide clear terms for dissolution if needed.
When One Spouse Own the Business
It’s far more common for a business involved in a divorce to be owned by one spouse rather than both. However, this doesn’t make the situation any less complex. In these cases, the focus shifts from business dynamics to the legal definition of marital property. For example, if one spouse spent years building a successful business, the key question becomes whether—and to what extent—the other spouse is entitled to a share of that value.​​
Louisiana is a community property state, meaning that most assets acquired during the marriage, including a business, may be subject to equal division—regardless of whose name is on the title. That said, if the business was owned before the marriage, it may be considered separate property, but any appreciation in value during the marriage could still be divisible, especially if marital funds or spousal contributions supported the business’s growth.
The court will evaluate the extent to which the non-owner spouse contributed—whether directly, by helping manage finances or operations, or indirectly, by maintaining the home and raising children to allow the other spouse to build the business. In such cases, the court may award the non-owner spouse a share of the business’s value without giving them actual ownership, usually by requiring the business-owning spouse to pay a monetary sum equivalent to that share.
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It’s also critical to understand that just because a spouse started the business before the marriage does not automatically exclude it from division. If the business generated income that supported the household, or if marital resources were used to expand it, some or all of its value could be subject to community property laws.
Consult a Louisiana Divorce Attorney
If you are considering divorce—or have already begun the process—and have questions about the future of your family business, contact the Louisiana divorce attorneys at Rousell Law Firm for clear guidance and strong legal advocacy. We are committed to helping you reach a fair and practical resolution that protects both your financial interests and your family’s well-being. To schedule a consultation with an experienced family law attorney, call us today or reach out online.
We offer flexible meeting options, whether in person or by phone, and we are proud of our firm’s commitment to accessibility and timely service for every client.
The Rousell Law Firm's Team
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At Rousell Law Firm, we blend compassionate guidance with thoughtful legal strategy. Our attorneys take the time to understand your individual needs, craft a customized plan, and deliver a clear path forward — offering straightforward expectations, transparent pricing, and practical timelines.
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Serving Greater New Orleans Metro & Surrounding Areas
Joelann S. Rousell, J.D., MBA
Managing Attorney
Attorney Rousell is a dedicated and skilled legal professional committed to providing exceptional representation for clients facing family law, immigration, personal iand other legal matters.
Arielle M. Lewis, J.D.
(Of Counsel)
Attorney Lewis (Of Counsel) assists the Rousell Law Firm with all family matters, such as: divorce, child custody, child support, and community property matters.
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