10. Can we choose not to equalize our business and instead continue sharing its income after separation?

Yes, spouses may agree not to immediately equalize a business interest and may instead continue

co-owning the business or sharing income, but this requires careful drafting.

A separation agreement should address:

 ownership percentages;

 management authority;

 decision-making;

 salary, dividends, bonuses, and retained earnings;

 tax liabilities;

 shareholder loans;

 dispute resolution;

 buy-sell rights;

 valuation mechanisms;

 death or disability;

 future sale;

 non-competition issues;

 access to books and records; and

 what happens if one spouse wants out.

However, continuing to share a business after separation can create ongoing conflict. Courts

generally prefer finality in property division and may require valuation and equalization rather

than forcing former spouses to remain business partners. If the business is retained by one

spouse, a professional business valuation is commonly required.