What happens in the case of divorice if I am the sole owner of an S-corp and most of the funds simply pass through to me in the form of a salary and dividends?

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What happens in the case of divorice if I am the sole owner of an S-corp and most of the funds simply pass through to me in the form of a salary and dividends?

Then if I get divoriced does my wife get 50% of the business value or alimony? I would not think she would get both. Would that be considered double dipping?

Asked on December 20, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Given the facts of your question, assuming you wish to keep the S corporation that you have written about all to yourself in the event of a marital dissolution then you can give your soon to be "ex" some other marital asset to compensate for the value of the S corporation.


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