Dividing a Medical Practice During Divorce

If you are in the process of a divorce, or considering divorce, one of the largest issues you will face with your spouse is the equitable distribution of your assets. If one of you owns any type of medical practice, the division of this asset can prove legally challenging. If you or your spouse owns a doctor’s office, dentist’s office, chiropractor’s office or any other kind of medical office, you should take time to seriously consider the options regarding what is likely to be the largest asset within your divorce.                                                                              


Medical Practice Valuation

First, the medical practice is likely one spouse’s livelihood. There are even cases in which the medical practice is owned and operated by both spouses. In either case, the first step must always be to hire a financial expert to provide an independent valuation of the medical practice. As with any business, a valuation will include both tangible and intangible assets and components of the business. While property, equipment, materials and supplies are all valued, so is the intellectual property and goodwill the business has established in the community over the years it has been in business. A valuation expert will be able to take all financial records and inventory of assets and make a determination regarding an overall value of the medical practice at the current time.

Open for Business

In most cases, the medical practice is the sole source of income for one spouse. Therefore, in most cases, that spouse wants to keep the medical practice open for business not only during the divorce, but for many more years to come. Therefore, following the valuation of the medical practice, a decision will need to be made by the spouse who has the medical practice. A complete accounting of all assets and debts of the marriage will be made, and the court will make a determination regarding how much of the business should be equitably distributed to both spouses.

While the owner of the medical practice could sell it and divide the assets accordingly, the likelihood again is that he or she will want to keep the medical practice open. Therefore, one spouse will need to “buy-out” the other spouse and pay the amount determined in the financial calculations. If the spouse with the medical practice is unable to buy-out the other spouse completely at the time of the divorce, creative arrangements can be made, including a payment arrangement.


The equitable division of property is one of the most critical parts of the divorce process, and you want to make sure your legal rights are protected regarding a business it likely took you years to build. At Giro, LLP, Attorneys at Law, our lawyers have the experience to effectively represent clients through the divorce process. If you are considering filing for divorce and have a medical practice of any kind, contact our divorce lawyers today to schedule your initial consultation and learn how we can help you throughout the New Jersey divorce process.  

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