Am I entitled to half of my husband’s business if we divorce after 28 years of marriage?
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Am I entitled to half of my husband’s business if we divorce after 28 years of marriage?
About to separate; husband retired and started own business 4 years ago.
Asked on September 28, 2011 under Family Law, South Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your husband started the business at any point before you separated or divorced, then you will probably be entitled to some portion of his business, especially if you helped the business, worked at the business, helped fund the business or were involved in any way with the business. Ultimately, you need to figure out what you were involved in and this is what you will present to the court to help the court decide what percentage you would be entitled to in the divorce. Think about things like goodwill of the business, whether you are still involved in the business, whether you are part owner of the business or purchased assets for the business.
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