For some couples, the end of the marriage parallels the end of their working relationship—and possibly the end of the business itself. There are a number of options in such cases. The couple can sell the business and split the proceeds as part of the divorce settlement, or one partner can buy out the interest of the ex-spouse.  Or they can try to split the business, with each taking half.

However, some former spouses do figure out a way to maintain their business partnership after the divorce. The personal relationship may have hit a dead-end, but the investment involved in building and growing a successful company can make it hard to walk away—and unless the business is wildly successful, with plenty of prospective buyers waiting in the wings, it is feasible that neither party can afford to walk away.

Overcoming the Challenges
There are challenges in every business partnership, and ex-spouses can adopt some basic business strategies to cultivate and maintain a healthy working relationship:

• Sign a partnership agreement. Be clear about your separate and joint responsibilities, and matters of liability. Make a contingency plan outlining how assets will be divided in case either partner decides to leave.
• Provide separation at work. If necessary, divide up responsibilities or tasks you once did together so you each have more autonomy.
• Establish a board of directors. Trustworthy business people may have valuable perspectives about the direction and goals of your company.
• Keep the company finances transparent. Money is often one of the most difficult issues in a divorce. Get help if necessary to streamline your accounting processes.
• Be professional around other staff members and employees. It is not fair to put employees in a position where they feel pressured to take sides or respond to inappropriate complaints about their other boss. A toxic work environment is never good for business.

Thinking Outside the Box

Even with the best intentions, a divorced couple may keep falling back into their old patterns at the workplace. If you still think that the business is viable and worth the effort to make a go of it, get professional help. A good marriage therapist is trained to help couples understand the point of view of the other person and gain insight into their dynamics, and this can be valuable information post-divorce, as well.

Most entrepreneurs have a knack for thinking outside the box. Maybe you and your ex- can alternate day and night shifts for a few months.  Build a partition between your desks. It might take a while before you move from being unhappy exes to friendly partners – but it just might be worth it.

Whereas a dissolution of marriage (divorce) terminates the marital relationship between the parties, a legal separation does not. Parties to a legal separation are still married (so they can not marry anyone else), but a court order will determine the rights and responsibilities of the parties during the legal separation. (See Minnesota Statutes)

Legal separations are very rare, most likely only done for special religious or personal reasons. The process for a legal separation is very similar to the divorce process, both starting with a petition and ending with a final court order. The final court order can address issues of custody, parenting time, child support, spousal maintenance, as well as responsibility for debts and assets.  In a legal separation proceeding, if one spouse wants a divorce instead of a legal separation, a divorce will be granted. If the spouses later decide to divorce, after a legal separation is completed, they will have to go back to court and bring a divorce action. Because of this, getting a legal separation may just double the cost of the ultimate divorce.