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

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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 5 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.
 


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