CALIFORNIA FAMILY LAW
...Business Interests
......Goodwill
.........Limitation by Agreement
............Agreement Controls
7 Cards On This Topic:
  • Businesses may limit value of goodwill by agreement.
  • W's interest in large law firm partnership limited by partnership agreement to her capital account, but not accounts receivable, work in progress, or goodwill, in which she had no interest.
  • Shareholder agreement defining value to exclude AR/WIP properly applied in dissolution of marriage.
  • Restrictive transfer agreement must be considered when valuing minority stock interest in closely held corporation.
  • Law firm's stock purchase agreement, excluding goodwill, enforced in dissolution.
  • "Minority interest" discount from price set in stock agreement affirmed.
  • Covenant not to compete upheld, without payment of goodwill.