Under the majority approach, how is goodwill from professional businesses divided?

Goodwill in the context of professional businesses refers to the intangible benefits that a business gains from its reputation, customer relationships, and other factors that contribute to its revenue. Under the majority approach in family law, goodwill from professional businesses is indeed subject to division in a divorce, but it is specifically divided to the extent that it is saleable.

This means that only the portion of goodwill that can be converted into cash or that is considered an asset that can be sold is taken into account during property division. The rationale behind this approach is that only the quantifiable and marketable aspects of goodwill should be considered when determining how property is equitably divided between the spouses. This ensures that both parties receive a fair share without attributing hypothetical or subjective values to goodwill that cannot be realized in a sale.

In contrast, treating goodwill as marital property regardless of its value would not reflect the practicalities of business valuation and could lead to unjust outcomes. The notion that goodwill is never divided fails to recognize the importance of this asset in divorce proceedings involving business owners. Finally, excluding reputation from divorce settlements would overlook a significant aspect of many businesses’ value, as reputation is often a key driver in business success. Therefore, focusing on saleable goodwill allows for a balanced approach