If I start my own business after I file for divorce but before the divorce is finalized, will he have any claims on my new business?

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If I start my own business after I file for divorce but before the divorce is finalized, will he have any claims on my new business?

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Asked on October 4, 2011 under Family Law, California

Answers:

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

Answered 12 years ago | Contributor

Your ex-husband will not have any claim on the new business because the income from the business is your separate property since it occurred after the marriage ended.  If you had started the business during marriage, income from it would be community property and your husband would have a claim.

If you and your ex-husband are separated with no intent to reunite, your income is separate property.

Separate property is income or property acquired before marriage or after the marriage ends.

Community property is income or property acquired during marriage.  Each spouse has a one half interest in the community property.


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