It's rarely a good idea to divide a small business. It's not like dividing up Time Warner where someone gets the movies and someone gets TV residuals... |
The business has a much greater likelihood of survival if you take an approach that emphasizes survival of the business. The focus needs to be less on splitting each asset 50/50 as it is on taking a holistic approach and seeing that some assets will wind up on the wife's side of the ledger and some on the husband's side of ledger. |
The lawyer can play a role in the education of mom and pop that the kids need to get the business to work. It may make more sense for one partner to make a down payment for a house than to get the business' pots and pans and delivery vehicles. |