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New York Law - What is the "Marital Portion" of a Business? The approaches taken to value a business vary from case to case, but there are some general trends. A number of cases divide the appreciation in the business 50/50, where both spouses contributed to the growth of the business. Where the business started before marriage, and only one spouse contributed to the growth of the business, the court will consider whether the other spouse contributed as a homemaker. If yes, then the courts are likely to award that other spouse a portion of the business that could go as high as 50% Where the business started before marriage, and the other spouse did not contribute to the business and also did not contribute to the home (especially where there are no children), the courts are likely to find that the business was mostly separate property. If neither party is much involved in the business (because other people manage it), the court is more likely to view the business as a passive asset. In this case, the general rule is that passive appreciation of a separate asset tends to remain separate property. Here are some examples .
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