When most people think of divorce, they think about property, custody, or spousal support. But for entrepreneurs and business owners in Mississauga, divorce presents a unique set of challenges—especially if your business is your main source of income or a major asset. The business you built with years of hard work could suddenly become part of your equalization of net family property, even if your spouse wasn’t directly involved in running it.
That's why it’s crucial to consult the best family lawyer near me to fully understand the financial risks and protection strategies available under Ontario family law.
Can Your Spouse Claim Part of the Business?
In Ontario, businesses are not automatically excluded from division during divorce. If you started or significantly grew your business during the marriage, the increase in its value can be considered a divisible matrimonial asset. That means your spouse may have a claim to a portion of its worth—even if they weren’t involved operationally.
Factors courts consider include:
When the business was started
Its value at the beginning and end of the marriage
Whether it contributed to family income or lifestyle
Your spouse’s non-financial contributions (e.g., childcare or admin support)
Business Valuation During Divorce Proceedings
A professional valuation is often necessary to assess the business's market value. This can include analyzing income statements, cash flow, growth potential, and industry comparisons. In high-conflict divorces, spouses may even hire separate experts, leading to disputes over value.
This is why working with a divorce lawyer near me who has handled business-related divorces in Mississauga is so important. They will coordinate with accountants and business appraisers to present a defensible and fair value.
Protective Measures for Business Owners
Here’s how a seasoned lawyer family law near me can help protect your business:
Drafting or enforcing marriage contracts or shareholder agreements
Structuring a buyout agreement for your spouse’s share
Preventing liquidation or forced sale
Negotiating equitable property settlements that protect operations
If you’re already separated, a lawyer can also seek an order for exclusive control of the business and its records while proceedings are ongoing.
Mississauga-Specific Considerations
Mississauga family courts handle business division cases regularly, particularly in areas like Clarkson, Port Credit, and downtown. A local lawyer familiar with Peel Region courts will understand the nuances of these cases and how to align your legal strategy accordingly.
Own a business and facing divorce? Don’t put your life's work at risk. Consult the best family lawyer near me in Mississauga today to safeguard your business, your finances, and your future.