What to do if you are going through a divorce and your spouse wants half of the profits from a business you are a part of?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if you are going through a divorce and your spouse wants half of the profits from a business you are a part of?

Talked about opening a business around my spouse and she didn’t want anything to do with it. The business is in my mother’s name. Does my wife have any right to that?

Asked on September 7, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  If you have an interest in a business that was opened during the marriage then your wife may indeed also have an interest in thebusiness in a divorce.  You are taking the position that the business is separate property because it is in your Mother's name and she wanted nothing to do with it.  But the reality of the matter is that it is a business that you participate in during a marriage and the money earned is marital  money.  I think that you should speak with an attorney on the matter.  The business will have to be valued for purposes of distribution.  Good luck to you.


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