Definition Closely Held Business - a private company.
Application in Divorce A closely held business is a private company that may or may not be incorporated. Its ownership is not publicly traded.

Most single-proprietor, single-site businesses are closely held.

Valuing these businesses for divorce can be very difficult because very often they are the result of marital efforts and have separate and marital funds invested in them.

Very often the most value asset of a closely held business is the goodwill -- the expertise of the person running it.

See Closely Held Corporation; Corporation; Goodwill.

Don't Forget to Visit Our Online Support Community

Questions & Answers
How much will a business valuation cost?
The cost of hiring a business valuation expert will depend upon a number of factors including the size and type of business, the accessibility of business financial information, the accuracy of the business records and the type of report being prepared. The cost of a business valuation can range from $10,000 to $50,000 or more, depending on the complexities. You should expect to pay a retainer before any work is started which can be as much as the entire expected fee. In the case of a very small business, an expert may perform valuation services for a fee that is less than the above range. You should discuss with the expert any scope limitations, the type of report and any other pertinent factors.
What type of valuation report should I ask for?
Professional standards dictate the minimum information that must be included in a business valuation report. However, in a divorce litigation setting the reporting requirements may be waived, allowing the expert to tailor the report to the needs of the client and the legal process. A letter stating the expert’s opinion will be less expensive than a summary report or a detailed report, but may lack credibility, especially if the other party to the litigation has obtained a more comprehensive report. The size and value of the business should be considered. Generally, the value of a very small business can be successfully communicated in an abbreviated report, leaving the comprehensive report for larger business operations.
How much time will a business valuation take?
The time it takes to prepare a business valuation analysis can vary from a few hours for a very small business (i.e. Pizza Shop) to hundreds of hours for a large business (i.e. Product Manufacturer). Business financial information includes tax return filings, financial statements, general ledgers, bank statements, invoices and customer billing records. Obtaining accurate financial information in a divorce setting can sometimes be difficult. In some cases the business owner may need to be court ordered to produce business records which causes delays. Financial records must then be analyzed by the appraiser and questions must be answered promptly. The use of outside experts to conduct equipment or real estate appraisals will also delay a project if not addressed at the beginning of the engagement.
What if the experts differ in their opinion of value?
If two or more experts differ in opinion as to the value of a closely held business and the difference is substantial, the cost of retaining the expert will likely increase as the expert is called upon to testify. In some instances, the expert may further assist the attorney with an analysis of the opposing party’s expert report. These additional services are billed in addition to the business valuation service. Asking the experts to discuss their differences may help identify facts that one failed to consider and may minimize costs to litigate. However, valuation experts may not be persuaded by another expert’s perspective and this process can be counterproductive, allowing the opposing party to build a better case for their expert’s opinion.

Helpful Tips & Facts
Additional Resources
The Discount Divorce Bookstore Discounts
Visit the Original Online Divorce Bookstore for quick and easy access to quality books, manuals, divorce forms, software and other divorce related products. The store delivers you these products in a confidential and secure fashion with excellent customer satisfaction. All of our products are in stock and are shipped to you within one business day of the order by U.S. Priority Mail. Help Us - Help You.

Browse the Store Categories...

Books We Publish Child Support Children and Divorce
Custody & Visitation Divorce (General) Do It Yourself Divorce
Domestic Abuse Friendly Divorce Grandparent’s Rights
Infidelity Mediation Men Only
Military Divorce Property and Financial Aspects Recovery From Divorce
Religion and Spirituality Saving Marriage Separation
Women Only
Find Divorce Professionals We have an ever-growing list of divorce professionals that contribute to DivorceDex.com. To view a list of professionals in your area, please select your state:
ALERT: If you are a divorce professional (attorney, mediator, counselor, financial planner, etc.) generating new clients by joining the directory is easy and free.

FastFacts
#379: Most spouses get frustrated with his or her lawyer at some point during the divorce. Make sure to discuss your grievances, because the option to change lawyers can be costly, emotionally and financially.
FastFact Sponsor
123DivorceMe.com
Advertisement QdroDesk
QDRO Preparation - QdroDesk™ is an industry proven online service providing an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs).
Advertisement 123DivorceMe
Online Divorce - With or without children, 123DivorceMe.com is the fastest, easiest, and most affordable way to file your own uncontested divorce.
Advertisement Parenting Through Divorce
Online Parenting Class - Avoid the hassle of completing the mandatory course by taking the "Positive Parenting Through Divorce" class online.