Protecting Your Business in an Alberta Divorce: Dividing Corporations and Shares

Keep Your Business Running While You Resolve Your Separation Fairly and Tax-Efficiently.

“I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.”

⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.

For many Calgary business owners, the company is both the family’s largest asset and the source of its income. When a marriage or relationship ends, the question is not only what the business is worth, but how to divide that value without damaging the business itself.

A separation involving a corporation touches family law, corporate law and tax at the same time. The way shares are valued, how income is measured for support, and how a settlement is paid out can make a difference of hundreds of thousands of dollars.

We regularly act for business owners, professionals and executives. We work alongside your accountant and, where needed, independent business valuators, so that the family law solution also makes sense for your company and your taxes.

How Businesses and Corporations Are Divided in Alberta

This page is general information about Alberta law. Corporate and tax issues are highly fact-specific, so please get advice about your own situation.

Is My Business Family Property?

Under Alberta’s Family Property Act, shares or a business acquired during the relationship are generally family property. If you owned the business before the relationship, its value at that time may be exempt, but any increase in value during the relationship is generally shared. Holding companies, family trusts and professional corporations each add their own questions about who owns what.

Valuing the Business

Most private companies do not have an obvious market price, so an independent business valuator is often needed. Common questions include:

  • which valuation method fits the business, such as earnings-based or asset-based approaches
  • how much of the value depends on you personally, rather than on the business itself
  • how to treat retained earnings, shareholder loans and redundant assets, like excess cash or investments held in the company
  • whether to account for the tax that would be payable if value were taken out of the company
  • the date on which the business should be valued

A careful valuation is often the single most important step in a business owner’s separation.

Avoiding Double Counting Between Property and Support

The same dollars can sometimes show up twice: once in the value of the business for property division, and again as income for child or spousal support. Retained earnings are a common example. Identifying and addressing this overlap is important for a fair result.

How Income Is Determined for Support

If you control a corporation, your personal tax return may not tell the whole story. Under the Child Support Guidelines, a court can attribute some or all of a corporation’s pre-tax income to the person who controls it, and it can examine salaries paid to family members, unusual expenses and retained earnings. The same analysis often informs spousal support. We help you present a clear, well-documented picture of what the business can reasonably pay out while still operating properly.

Ways to Divide the Value of a Business

Dividing the value of a business rarely means giving your former partner half of the company. Common approaches include:

  • An equalization payment using other assets, such as the family home, investments or RRSPs
  • Payments over time, with appropriate security, so the business is not starved of cash
  • Transfers or redemptions of shares, where the tax consequences make sense
  • A corporate reorganization, such as a “butterfly” reorganization, which in some cases can divide corporate assets between two new companies on a tax-deferred basis. These are complex, require tax advisors and are not suitable for every business, but they can be valuable where a company holds significant investments or real estate.

The right approach depends on your company’s structure, cash flow, lenders, partners and tax position.

When Your Spouse Is a Shareholder, Director or Employee

Many family businesses have a spouse on the share register for tax planning, as a director, or on payroll. After separation, these roles need to be dealt with carefully. Removing a spouse from a role, changing dividends or cutting pay without a plan can create legal risk. Shareholder agreements and corporate law rights also come into play.

Professional Corporations

Physicians, dentists, lawyers, accountants, engineers and other professionals often practise through a professional corporation. Rules about who can own shares, and the fact that much of the value may be personal to the professional, affect both valuation and how the value can be divided.

Protecting Business Continuity

  • Keep running the business normally and keep records complete.
  • Avoid unusual changes to salary, dividends, bonuses or management fees without advice.
  • Do not move or transfer assets out of the company. Courts can make orders to preserve property during a case.
  • Tell your key advisors early, including your accountant, so they can help plan.
  • Review your shareholder agreement for rights or obligations triggered by separation.

Financial Disclosure

A parent who controls a corporation is generally required to provide the corporation’s financial statements for recent years and details of salaries and benefits paid to related people, in addition to personal tax information. Organized, complete disclosure reduces conflict and cost. Our Business Owner’s Divorce Checklist is a good place to start.

What the Process Looks Like

  1. Confidential consultation. We learn about you, your business and your goals.
  2. Disclosure and review. We gather and review personal and corporate financial information.
  3. Valuation and income analysis. Where needed, we work with independent valuators and your accountant.
  4. Settlement design. We develop options that balance fairness, cash flow and tax.
  5. Negotiation or court. Most matters resolve through negotiation, mediation or arbitration, and we are prepared for court when needed.
  6. Implementation. We finalize the agreement and coordinate the corporate and tax steps.

More Help for Calgary Business Owners

Free Download: Alberta Business Owner’s Divorce Checklist

A practical two-page checklist of the documents to gather and the questions to ask before you meet with a family lawyer, covering corporate records, exempt property, executive compensation and more.

Enter your name and email to download it now.

We will only use your information to send you this checklist and respond to your inquiry. Downloading the checklist does not create a lawyer-client relationship.

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FAQs About Dividing a Business in an Alberta Divorce

Usually not. In most cases the value of the business is shared, not the ownership. The value can be balanced with other assets, a payment, or payments over time.

Its value when the relationship began may be exempt, but growth during the relationship is generally shared. You will need evidence of the starting value, and a valuation is often required.

Often, yes, especially if the business is a significant asset or its value is disputed. Sometimes both parties agree to use a single, jointly retained valuator to control cost.

It is a tax-planning technique that, in some circumstances, allows the assets of a corporation to be divided between two new corporations on a tax-deferred basis. It is complex, requires tax advisors and is not right for every business.

Yes. Where you control a corporation, the court can attribute some or all of its pre-tax income to you for support purposes, taking into account the legitimate needs of the business.

Get advice before making any changes. Their shareholding, any shareholder agreement and corporate law rights all need to be addressed as part of the overall settlement.

Book a Confidential Consultation

You built your business over years. Decisions made in the next few months can affect it for years more.

Call 587-329-0999 or fill out the form below to book a confidential consultation with our Calgary family law team.


I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.

⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.