Valuing Business Interests in Oklahoma Divorce

Our suite in the BancFirst Tower is a hub for high-stakes matrimonial litigation and appeals in Oklahoma City and western Oklahoma. Led by divorce lawyers — Aaron Bundy and Kathleen Egan, our firm is built on a foundation of rigorous training and worth ethic. Both partners are Fellows of the American Academy of Matrimonial Lawyers. This designation represents a commitment to the highest standards of the practice of family law. We approach every case knowing that the outcome depends on a mastery of the facts and the law, particularly when the marital estate includes business interests.

In Oklahoma, the division of property in the event of a divorce is a statutory mandate. Trial courts have an absolute duty to equitably divide all property acquired during the marriage. This obligation is not optional. If a trial court fails to determine the value of the marital estate accurately, the result  ing judgment is vulnerable to reversal on appeal for a new trial.

This duty extends far beyond joint bank accounts or the family home. It encompasses the enhancement in value of separate property. Under Oklahoma law, even if a business was started prior to the marriage, or if it was acquired through inheritance, part or all of the growth of that business during the marriage may be subject to division. When the increase in value results from the joint efforts, skill, or funds of the spouses, that appreciation becomes a marital asset.

Because the court cannot divide what it cannot measure, the pretrial discovery process is a critical phase of litigation. Obtaining the necessary data to prove the value of a business or the growth of an ownership interest is rarely straightforward. Business owners often view their company financials as private, yet the law requires full disclosure to ensure the marital estate is defined correctly.

At Bundy Law, we approach discovery with an aggressive focus on securing the raw data required for an accurate business valuation. We do not rely on summary reports or tax returns alone, as these documents rarely tell the full story. We utilize next-generation e-discovery and data analysis software to manage the volume of information required to audit a business.

Valuing a business is not intuitive. It requires specific methodologies that go beyond general accounting. A business may show a loss on a tax return while generating significant cash flow for the owner. The valuation process involves “normalization,” where the financial statements are adjusted to reflect the true economic reality of the company. This includes identifying personal expenses run through the business, such as vehicles, travel, or non-working family members on the payroll. These add-backs can substantially increase the value of the company and, by extension, the marital estate.

Our partners have completed the Advanced Business Valuation program at the National Family Law Trial Institute. This rigorous training provides the technical fluency required to work peer-to-peer with credentialed business valuators. We maintain an extensive library of definitive valuation texts, including Shannon Pratt’s Valuing a Business and Jay Fishman’s Standards of Value. We use these resources to ensure that the methodologies used in our cases adhere to the highest professional standards.

Our fluency in this area is recognized by the financial community itself. Aaron Bundy recently served as a featured speaker at the 2025 AICPA Forensic & Valuation Services Conference. In this capacity, he spoke to the nation’s top CPAs and valuation experts how to handle “extreme assumptions” in litigation and how to withstand cross-examination.

By retaining counsel that possesses the specific training, the library of authority, and the forensic capability to prove the numbers, you can ensure that the court has the evidence necessary to fulfill its statutory duty. Contact Bundy Law at the BancFirst Tower to ensure your case is built on a strong evidentiary foundation.