Going through a divorce is stressful, and when a business is involved, the process can feel overwhelming. Whether you or your spouse owns a business (in whole or in part), the question of how it should be valued and divided is critical. In New Hampshire, the law requires that marital property be divided fairly, which often means equally, to include business interests. Understanding how courts look at business valuations can help you feel more prepared as you navigate your divorce.

New Hampshire is an equitable distribution state, which means the court divides assets in a way it considers fair, which is often, but not always, 50/50. If a business was started during the marriage, or if it grew in value during the marriage, the court typically treats that increase as a marital asset. Even a business owned before marriage may be considered, at least in part, if it became more valuable due to marital efforts or during the course of the marriage.

There is no “one size fits all” formula for business valuation. Experts typically use three main methods of valuation:

  

The right method depends on the type of business, the industry the business is in, and its financial situation. A solo dental practice will be valued very differently from a restaurant or a construction company.

Most divorces involving a business require input from a qualified financial expert. Often, experts have experience in valuing businesses in the industry for which they are performing the valuation. These professionals — often accountants with special training in business valuation — can carefully review records, back out certain expenses, spot inconsistencies, and explain their findings to the court. They also testify about complicated issues like business goodwill (the reputation and client relationships that give a business value) and whether income numbers are reliable. Having strong expert testimony ensures the court has clear, accurate information to rely on and helps protect your financial interests.

Courts here understand that a business isn’t just a number on paper — it may be a spouse’s livelihood. Judges often try to balance fairness with practicality. In some cases, one spouse may keep the business, while the other receives other assets of equal or similar value. In others, there may be buyout arrangements or payment plans to ensure both spouses are treated fairly. Issues like personal goodwill — the value tied directly to the owner’s skills and reputation — are carefully considered as well. What a court is unlikely to do, however, is to require both spouses to continue to work together once they are divorced, as this presents a sticky situation for all involved.

Business valuations in divorce can feel complicated, but you don’t have to face them alone. With the guidance of an experienced divorce attorney and the support of skilled financial experts, you can make sure the process is handled fairly and that your future is protected.

Kelleigh Charlotte Gleason owns Gleason Legal, PLLC, a law firm which provides divorce, land use, and civil litigation representation. She is a Professor of Family Law at UNH Law School, and was the 2025 Distinguished Pro Bono award recipient for her work with domestic violence victims.