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Yes, it does matter. If a business was started before a marriage, it’s going to be important to know what the value of that business was at the date of marriage. And then we look at what happened to the business during the marriage. If the spouse worked in the business there’s going to be marital effort or putting money into the business. There’s going to be marital effort and most of the time that is the case. We look at did the business grow during the marriage and that growth is going to be considered to be marital. So even though it started off as a non-marital asset, it will have a non-marital component, which we’re going to seek to exclude from equitable distribution and then it will have the marital component, which we are going to look at what is the marital value.
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Minneapolis family law attorney Laurie Mack-Wagner explains why it might matter when a business was started in a divorce proceeding.