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– from Bonnie X. in West Bend, WI

Question Details:

My husband owns a restaurant and that has been our main source of income the past decade. We are going to file a divorce. I want to leave the restaurant but want some marital asset from it. How will a court look at this?

Family Law Attorney Response:

Thank you for your question. This issue came up in the case Ondrasek v. Ondrasek, 126 Wis.2d 469, 377 N.W.2d 190 (Ct. App. 1985) and the court of appeals said that generally, the value of a partner’s interest in a professional partnership is determined by the fiscal consequences of one partner leaving the business. This also applies when weighing the interests of a shareholder. If a buyout agreement is an option, this will provide the trial court with a method of determining value.

I would like to know a few more details regarding your question. Give me a call so we can talk them through.

Dan Exner, J.D.

Family Law Attorney

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