If the business was created during the marriage, it is subject to equitable distribution.
One of the factors that the court will examine is both party’s involvement in that business.
Generally speaking, it’s an asset subject to equitable distribution.
The increase in value, and arguably, the decrease in value, are subject to equitable distribution.
Experts have to determine what it was worth at the time of the marriage and what it is worth today and establish that incremental value in term of allocating an equitable distribution.
A court may say “this business has not increased in value and the person running the business gets to keep that asset because there is no value to allocate.
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