Selling A Business During A Divorce

Information on the process of selling a business during a divorce from an expert.

Mr. Smith owns a few laundromats. He’s owned them for 15 years. He’s been married for 19 years. For a few years now Mr. Smith has thought about selling them. He’s contacted a couple of business brokers and decided First Choice would be his choice if he decided to sell.

His wife has filed for a divorce, which forces Mr. Smith’s hand. He now must decide to sell the laundromats or value them and purchase them from his spouse by pay for half of the value.

We asked Las Vegas divorce attorney Rock Rocheleau to help us and Mr. smith understand Mr. Smith’s options.

Nevada is a community property state. Which means during a divorce all the property and assets acquired during the marriage are valued and divided evenly. With a business, like a home, the value can be based on an appraisal or allow the home to be sold. By allowing the business to be sold by a business broker, Mr. Smith is stating the value should be what the market will pay. This makes for the easiest solution. But what if Mr. Smith wanted to keep the laundromats?

How Do You Determine the Value of a Business?

There are three main approaches used in determining the value of a business: These three approaches are used when the business is not actually being sold in the open market.

Market-Based Approach . Compares the business to other similar businesses that have sold. Using this data, a value is assigned. Similar to how a home is appraised or valued.
Asset-Based Approach . The tangible assets of the business are given a fair market value and added up. This is similar to an asset sell of a business except the goodwill of the business or customer base is not considered.
Income-Based Approach . Assesses the present value of the business based future earnings. This is the most common approach.

My first impression is it would be best for Mr. Smith to hire First Choice Business Brokers to sell the business. This way there is no guessing at what the proper value is. But Mr. Smith may want a business to continue running after the divorce. In that case, the common valuation approaches should be reviewed and the best one chosen.

Market Approach to Valuing a Business

The Market Approach uses similar methods that are used by real estate agents when they determine the value of a property. The sale price of other similar businesses that have been recently sold is compared. The evaluator then assigns a fair market value of the community property business based on the price range of similar businesses.

The problem is in finding businesses that have sold that are truly comparable. The selling price for these businesses may have been influenced by unknown factors, such as:

The motivation for the sale
Market trends
The business sold may have been discounted for some unrevealed reason, so the sale is not truly comparable.
Other comparisons may not be accurate, such as the size of the business, the number of employees, and annual profits.
Intangible assets, or the lack thereof, may have affected the sale
There may have been no such similar businesses sold, forcing the evaluator to look for a broader business niche. For example, a business that specifically sells custom mufflers for eco-friendly vehicles may have to be valuated with a broader vehicle parts market. As a result, these valuations could considerably inflate or devalue the businesses’ actual worth.

Because of all these factors, the Market Approach is far from accurate in dividing the community property business between the two spouses during a divorce.

Asset Approach to Valuing a Business

The asset approach method may work well for businesses that have value based on tangible assets like real estate, equipment, inventory, and accounts receivable. In the asset approach, an appraiser adds up all the assets and subtracts the liabilities.

Unfortunately, this is not as easy as it sounds. Most businesses have both tangible and intangible assets. An intangible asset refers to things like intellectual property, business contracts, and goodwill. The Asset Approach does not take these factors into account when assigning a value.

For professional practices whose value relies on these intangible assets, the asset approach is usually not the best valuation method.

Income Approach to Valuing a Business

The Income Approach uses different mathematical approaches based on cash flow. The evaluator reviews the history of the specific business and compares its profits to other similar businesses. Risks of failure are also considered. All these mathematical approaches convert expected future profits into a present-day value.

The downside is that the value is based on a prediction rather than the current standing value. It cannot guarantee the assigned value will match the businesses’ future value. This can leave one or both partners shorted in the long term.

For Mr. Smith he should hire an expert to value the business based on the income approach, while at the same time hiring a business broker to look at what the laundromats would sell for on the open market. This way Mr. Smith can choose which avenue produces the most money for him and his wife to split.

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The Value Of Clean Books

By duda • September 7, 2023

If you're looking for ways to grow the value of your business, whether that is because you are thinking about selling or just because you are wanting to grow the company, these are 4 simple things you can do to accomplish that. Check out the article below or watch the video HERE. John Martinez here with First Choice Business Brokers, where we help business owners sell their businesses and help those who are interested in buying a business find one that's the right fit for them. Today I want to talk about one of the seven ways to make your business more valuable if you're considering selling, or maybe even in the process of selling. Clean books. Clean financials. You know, people want to know what they’re getting. People want to know above almost anything else when considering buying a business, how much will I make if I buy this thing? How much money will come through the door? And it's just so important for the buyer to feel comfortable and confident in those numbers. If the potential buyer of your business thinks that there's any gray area whatsoever, or it's questionable in any way as to how much money the business really brings in, it’s going to cause them to get cold feet. And in order to protect themselves they're going to probably want to buy the business at a deep discount—maybe even 50, 60, 70% of what the business is really worth: because they just don't know and because they don't know, they have to protect themselves. So if you want to increase and really maximize the value of your business, you need clean books. You need to start putting all of your expenses, all of your revenue, into something easy like QuickBooks. QuickBooks is the go to. Most of the small businesses I've worked with in the past use QuickBooks. It's simple, it's easy, there's no need to get too granular. But at the end of the day, those reports are worth their weight in gold. A potential buyer is going to really want to look at a profit and loss report. A bank funding a deal, especially if you’re talking about an SBA lender, is going to want to look at about three years of those reports. Now, the good news is: even if you haven't been keeping track, you can start right now. You can start filling in stuff from the past. I'm sure you've got tax returns at least, you’ve got topline revenue there. And then as long as you can find most of your expenses and plug those in, now you’ve got net profit. We can start to get closer to EBITDA or cash flow—what the business is actually making. And if we know what you spent, let's say on items you didn't need to spend money on—“discretionary items” in the business for example… Sometimes people will have their cars financed through the business, and is it 100% necessary? No. But is it legal and does it make sense? Yes. Some of these numbers can be subtracted. Here's one that could be subtracted out: health-insurance. If somebody buys your business they're not going to be paying your health insurance plans. They may be retired already on Medicare. They may have a health insurance policy of their own. They may have health insurance through a spouse’s employer. So you're going to want to back out any personal expenses like gas (unless that's being used for delivery vans). But if it's a personal vehicle, personal cell phone, health insurance expenses, life insurance expenses… There’s just any number of items that could be run through your business, legally and ethically, that if a new buyer was to purchase your business, they wouldn't have those same expenses. So just think of it this way: If someone else was running that business where they have those exact same expenses, are they 100% necessary to run that business? If the answer is no, you can take them out and subtract them, which is good, because it gives a clearer picture of your financial health exactly where you're at. Taking those discretionary pieces out of your finances is really going to clean up your books. I say this as somebody who has bought and sold numerous businesses personally, not through the brokerage for other people, but personally. I know the mindset when you're selling your business and you want to maximize the value. I know the mindset when you're purchasing a business and you want to make sure you've looked under every rock and taken everything into account because you're about to sign your life away. I know it's so important that any potential buyer is confident in your numbers. Maybe they're considering you and another business. So you’re really up against that other business for this buyer’s cash. If one has so-so iffy books and one has clean books, they will probably be willing to not only take your business, all else being the same, but pay more for it, and gladly do so over the other business. So if you want to increase the value of your business, you need clean books. If you want to increase the odds of selling your business quickly, you need clean books. Let’s say you don’t even want to sell your business, say you’re going to hold onto it for three or four or five more years, just to keep growing. If you have clean books, you know exactly what money is coming in from where, what money is going out: it makes it a lot easier for you to see your business in numbers. It makes it a lot easier for you to know what levers to pull to grow the business. You know exactly what's going out, what's coming in, and how all those numbers work together to paint the picture of your business. And when you can see that clearly, you can see where there's problems and you can see where there's opportunities and you can continue to grow your business. And you can do it from a point of confidence because you see the real business. Numbers don't lie. So my advice for you is this: make sure your books, your financials, are clean. QuickBooks is a great program to do that. You can get bookkeepers or accountants to help as well, even just to get you started or ongoing, but clean up those books. Keep them clean. If you're not tracking your finances right now, you absolutely need to start. Try to go back two or three years to really paint a clear picture if you can. If you’re interested in buying a business or selling your business in Northwest Arkansas (Rogers, Springdale, Fayetteville, or the surrounding areas), connect with us. We’re happy to answer any questions you have.