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Haque Legal · Bloomfield Hills · Oakland County Family Law

Business Valuation and Separate Property in an Oakland County Divorce

When a divorce involves a business, an inheritance, or property owned before the marriage, the fight is usually over two questions: what the asset is worth, and how much of it is marital. Those answers often matter more than any other term in the judgment.

Haque Legal represents business owners, their spouses, and clients with premarital or inherited assets across Oakland County. We work with valuation experts, trace separate property through account records, and challenge valuations that understate or overstate what is really there.

Free consultation · Monday to Friday 8 a.m. to 8 p.m., Saturday 9 a.m. to 5 p.m. · Spanish-language support from our team

Reviewed by Fahd S. Haque, Esq., Founder & Principal Attorney · Updated November 5, 2026

4.4 ★Google rating from 400+ client reviews
Since 1993Senior family law attorney licensed in Michigan
Since 2014Principal attorney trying cases in Michigan courts
FreeConsultation at our Bloomfield Hills office, evenings and Saturdays

Meet your divorce team

Theresa Rizer

Senior Attorney

Theresa Rizer

The firm’s lead family law attorney, licensed in Michigan since 1993. Divorce, custody, parenting time, and support in the Oakland, Wayne, and Macomb County circuit courts.

Hunter McCulloch

Associate Attorney

Hunter McCulloch

J.D., Wayne State University Law School. Custody, child support formula calculations, post-judgment modifications, and contested parenting time.

Fahd Haque

Principal Attorney & Founder

Fahd Haque

Michigan trial lawyer since 2014. Super Lawyers® Rising Stars 2022–2026. Contested custody, divorce, and property division, prepared as though the case will be tried.

What clients say

Selected from 400+ Google reviews (4.4 average). Read all reviews on Google

Custody

“I was pulled back into court due to a high-conflict situation with my ex, and working with Theresa Rizer made all the difference. She fought hard for me, explained everything clearly, and helped me stay focused. I truly felt like she was in my corner.”
Sara Kuhnie, Google review

Litigation

“Attorney Theresa Rizer demonstrated a high level of professionalism, preparation, and clear legal judgment. Her courtroom advocacy was calm, focused, and effective. I felt confident knowing my case was being handled thoughtfully and with attention to detail.”
Arvind Sharma, Google review

Divorce

“[Hunter] was my lawyer for my divorce. She was absolutely amazing throughout the entire process. Nothing but good things to say about this law firm.”
Angela Paladuk, Google review

How Michigan treats business and separate property

Equitable, not automatic 50/50

Michigan divides the marital estate equitably, which is not always equally (MCL 552.19 and MCL 552.23). The court first decides what is marital and what is separate.

Separate property generally stays separate

Assets owned before the marriage or received by gift or inheritance are generally separate. Michigan courts have long recognized that separate assets can lose that status through commingling or contributions during the marriage (Reeves v Reeves, 226 Mich App 490 (1997)).

Exceptions that reach separate property

A court may award part of separate property when the other spouse's award is insufficient for support (MCL 552.23) or when the other spouse contributed to its acquisition, improvement, or accumulation (MCL 552.401).

Appreciation during the marriage

Growth in a separate asset caused by either spouse's work during the marriage may be treated as marital, while growth from market forces alone often is not. The facts and the records decide which applies.

Value first, then negotiate

A business owner and a spouse can see the same company very differently. The owner may see a fragile business that depends on them; the spouse may see the lifestyle it has funded. A neutral or well-supported valuation turns that disagreement into numbers both sides can test.

For separate property, the work is documentary. Statements from the date of marriage, inheritance records, and account histories show whether an asset stayed separate or was mixed with marital funds. The earlier those records are gathered, the stronger the claim.

01

Records

Tax returns, financial statements, K-1s, operating agreements, and account histories.

02

Valuation and tracing

An expert valuation of the business and a tracing of premarital and inherited funds.

03

Settlement structure

A buyout, offset, or structured payments that work for the business and both households.

What gets decided when a business or separate asset is involved

Each issue affects the others. A high business value may mean a smaller share of other assets for the owner, or a structured buyout over time.

Business value

Income, market, and asset-based approaches, adjusted for owner compensation and one-time items. The valuation date can matter in a growing or declining business.

Marital or separate

A business started before the marriage may still have a marital component if it grew because of either spouse's work during the marriage.

Commingling

Depositing inherited or premarital funds into joint accounts, or using them for the marital home, can make them harder to trace. Property division

Income for support

Business income, perks, and retained earnings affect spousal and child support. The same income should not be counted twice.

Buyout or offset

Most owners keep the business and pay the other spouse through other assets or structured payments. Terms need security if paid over time.

Prenuptial agreements

A valid prenuptial or postnuptial agreement may decide how a business or separate asset is treated. Prenuptial agreements

Also see: High-asset divorce · Gray divorce · Divorce without children · Property overseas

How a divorce with complex property moves

  1. Filing and temporary orders. The complaint is filed in the Oakland County Circuit Court, Family Division. Temporary orders can address business operations and access to funds.
  2. Disclosure. Business and personal financial records are exchanged. Subpoenas and depositions are used where records are withheld.
  3. Valuation. Experts value the business and other assets. Each side may retain its own, or the parties may agree on a neutral expert.
  4. Tracing. Separate property claims are documented from the date of marriage or receipt forward.
  5. Mediation and negotiation. Most cases resolve once both sides can test the valuation and tracing.
  6. Settlement or trial. Disputed value or characterization questions are decided by the judge.
  7. After judgment. Buyout payments, transfers, and security for deferred payments are completed and enforced.

For court locations, Friend of the Court contacts, and local procedures, see our Oakland County Family Court guide.

Business and separate property FAQs

I started my business before we married. Is it still marital property?

The value at the date of marriage is generally separate. Growth during the marriage may be marital, especially if it resulted from either spouse's work or marital funds. The records and the valuation decide how much.

My spouse never worked in the business. Can they still claim part of it?

Possibly. Contributions such as managing the household, supporting the owner's work, or marital funds invested in the business can matter. Michigan courts look at contributions broadly.

Is my inheritance protected?

Generally, yes, if it was kept separate and can be traced. Depositing it into joint accounts or using it for the marital home can make it harder to protect.

Who values the business?

Usually a qualified business appraiser or forensic accountant. Each side may hire its own expert, or the parties may agree on one. The judge decides between competing valuations if the case goes to trial.

Do I have to share the company's financial records?

Yes. Business records relevant to value and income are discoverable in a divorce. Confidentiality can be addressed with protective orders where appropriate.

Will I lose my business?

Rarely. Most owners keep the business and pay the other spouse through other assets or structured payments. The terms of that payment are what usually need negotiation.

Does business income affect spousal support?

Yes. The court looks at real income, which can include perks and retained earnings. Care is needed so the same income is not counted both in the business value and in support.

Does our prenuptial agreement control?

A valid agreement often decides how a business or separate asset is treated. Its enforceability depends on disclosure, fairness, and circumstances at signing and at divorce.

Is the consultation free?

Yes. The initial consultation is free. We explain fees for your situation at that meeting, before you decide whether to hire the firm.

Official references: MCL 552.19, property division · MCL 552.23, support and property · MCL 552.401, contribution to separate property · MCL 552.9f, waiting periods · Oakland County Family Division

Prepare for your consultation

Bring business tax returns and financial statements for the last three years, operating or shareholder agreements, statements showing premarital or inherited funds, and any prenuptial agreement. You do not need every record before speaking with us.

We serve families in Bloomfield Hills, Birmingham, West Bloomfield, Troy, Rochester, and Royal Oak.

You don't have to figure this out alone.

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