Can my wife come after my company in a divorce if it’s a corporation?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my wife come after my company in a divorce if it’s a corporation?

Asked on January 19, 2016 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Community property is income during marriage and property acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is income and property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
Your wife could assert a community property claim to one half the income from your corporation for the less than a year of your marriage because that income during marriage is community property.
  She would not have any claim to income from your corporation before marriage or after the marriage ends since that income is your separate property.
As for the offer you have made to her, both spouses can agree to an unequal division of community property.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption