The division of property is often a contentious aspect of any divorce, but it can be even more complex when there is a business involved. No matter who has ownership or a stake in the company, it must be appraised and valued during the division of property. The valuation of a business can severely impact the outcome of a separation settlement. Marital and Separate Property in Equitable Distribution States In most states in the Midwest, the division of property during a divorce is done through equitable distribution. This means that assets are split fairly, but not necessarily equally, between spouses.