# Can My Wife Take Half of My Business?



## blakghost (Jan 28, 2011)

Would my wife be able to take half of my business if we were to get divorced? If the answer is yes, what can I do to prevent this?

Thank You!


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## dptk (Aug 14, 2009)

blakghost said:


> If the answer is yes, what can I do to prevent this?
> 
> Thank You!


To prevent this, I would suggest you work on your marriage .


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## TshirtGuru (Jul 9, 2008)

dptk said:


> To prevent this, I would suggest you work on your marriage .


lol not much you can do if it wasn't done already. Basically, it's too late to do anything to prevent it. Call a lawyer?


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## thutch15 (Sep 8, 2008)

Agree with the above post... entitled to half of anything that is yours and the business is yours.


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## Dante2004 (Aug 23, 2010)

blakghost said:


> Would my wife be able to take half of my business if we were to get divorced? If the answer is yes, what can I do to prevent this?
> 
> Thank You!


Call Scott Peterson or OJ Simpson for advice? 


Depends how underhanded you want to be.

You could quickly sell it. She would probably be entitled two half of the proceeds, but hell, if she is going to screw you over, be proactive. Sell it for half what it's worth...to a friend she doesn't know about. Then buy it back after the divorce. 

On the flip side...if YOU are the core of the business (graphic designer, skilled printer, etc.) it presents an interesting situation. Yes, she will still take to the cleaners in the divorce...but she can't take "half of YOU". Just your assets. So maybe your business is worth $100k as it operates, but you could only get $10k if you sold your equipment and inventory. In that case, she would probably come after your potential future earnings or a settlement.

Kind of like when a famous musician gets a divorce. They make millions playing a $2000 guitar. The guitar doesn't make the great music, they do.


Oh yeah...the helpful part. Yeah, work on your marriage. They (women) are all crazy. There is no escape. Bite your tounge and deal with it. Sorry bro...we all in the same fail boat! lol


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## jiarby (Feb 8, 2007)

take her out to the lake and give her the "Fredo" treatment.

My suggestion is to pay whatever it takes.... it is worth it. 

Everything in a divorce is a negotiation. She may agree to less if you find out what she wants... Maybe she wants sole custody of fluffy the kitty and will trade. You need to claim half of her stuff too, even if you do not want it so you have something to negotiate away. 

Otherwise you can start shuffling assets and things to lower the valuation of the business.


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## irish (Dec 13, 2008)

I would definitely check with a lawyer in your state. Here in Iowa, I don't think the spouse can take half the business if it is a sole proprietorship and the Sched C is only in your name. If the spouse can not prove any working on the business etc, they don't get anything. Other states that are community property - that is a whole 'nuther ballgame.


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## thutch15 (Sep 8, 2008)

irish said:


> I would definitely check with a lawyer in your state. Here in Iowa, I don't think the spouse can take half the business if it is a sole proprietorship and the Sched C is only in your name. If the spouse can not prove any working on the business etc, they don't get anything. Other states that are community property - that is a whole 'nuther ballgame.



Good point! Law is going to be different in all areas so you may be alright.


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## foot print (Jun 2, 2010)

Buy her out on her half..or maybe the judge will see it this way..The business is how you make your living and if you have only half the business you can only make half a living and only pay half of the divorce settlement.


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## jean518 (Sep 23, 2009)

Ok guys, this goes both ways! In most cases, the spouse is a participant either active or passive. Contact a lawyer - not this forum. You will get sympathy and a lot of armchair advice/lawyering. Since each case is different, you may get generalities. Go for counseling. If the counseling does not work, then you know what you are facing. Is her name anywhere on the business legal paperwork? Did you already have this business when you got married? Did she work and support the family while you got the business off the ground? Does she contribute to the household expenses? Know where you stand legally and financially. Best of luck. Some things are just not meant to be. Hopefully, no children are involved. That is another whole situation.


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## binki (Jul 16, 2006)

get divorced before you start it. 
get a postnup.


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## ChameleonPrints (Apr 7, 2007)

If this is really a concern for you than you probably have bigger problems. This is an answer that will be different for every state so call a lawyer in your state.


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## Dermy (Jan 25, 2011)

Im afraid of getting banned so I won't post what im really thinking.

Just hang on till natural causes get her.


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## thutch15 (Sep 8, 2008)

Do you know why divorces are so expensive...

because they are worth it!


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## blakghost (Jan 28, 2011)

Thanks Everybody!! The answers were both hilarious and informative. Thanks!


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