What to do if my wife wants to have the house and half my business but she has a better job than me?

My wife has filed for a divorce. She is a professional with a great job and I own my own small business. There are no children involved. This is a no fault divorce. She has stated that I just need to make this easy or we will both spend a lot of money, that she is going to have the house and half of my business, my only source of income, which happens to be less bring home pay than she makes. How can I protect my business from her?

Asked on July 23, 2012 under Family Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the uncertainties of any litigation much less a marital dissolution, it is best for one involved in such a situation to consult with a competent family law attorney to assist in the process in making correct choices.

Whether or not your wife is entitled to half of your assets depends upon if they are marital or separate assets. In most dissolutions, the marital estate is divided up equally between assets and liabilities. You may end up having to give more of some item in order to get all of your business.

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