Getting divorce and small business


#1

Well, although her name is not on the business, since it was started/acquired during the marriage, all it’s assets are considered marital property and she can sue for half that business. I say this because my ex husband started a business while I was still married to him. My name was not on the business, however during the divorce process, my lawyer was not happy with the fact that I was trying to settle things “amicably” and urged me to sue for half of the business, stating it was my right to do so. I didn’t, by the way, but I could have…

venus


#2

Dear TVM33:

Greetings. I am confused slightly - you told her to get a job and then want her to pay the bills? Just confused on this.

If you divorce, you may have to give your wife half the value of the business. It is unlikely that you will have to sell the business or give her half the income, although it may feel that way when you have to give her half the balue. How things are titled in NC does not generally determine if they are marital or separate. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

I know this sounds confusing but I wanted my wife to do something with herself besides sitting at home, smoking cigarettes and wasting her life away. My house was not clean , dinner was not cooked I mean if you are going to be a stay home mom make sure you do your job.I did not need her to pay bills I just wanted her to do something constructive for herself.She has worked before but as soon as I got my business going she stop doing anything and this was never an agreement of ours.


#4

Unfortunately, you can’t make someone do something they don’t want to do, whether it was agreed upon or not. I understand your frustration. From what I have read on this site, it AMAZES me how many spouses just don’t seem to care about themselves, their kids or their marriages. Of course, we only get one side of the story here, but it is still sad. Anyone who uses their KIDS as leverage, or a ‘meal ticket’, or as a weapon of any kind against the other spouse simply can not be respected.

The kids are the innocent ones in these situations. It amazes me how many folks are willing to drag them into the picture unnecessarily. Sorry…just had to vent a bit.


#5

I HAVE BEEN MARRIED FOR SEVEN YEARS AND MY WIFE DECIDED TO LEAVE ME AFTER I TOLD HER TO GET A JOB, GO TO SCHOOL TO DO SOME THING WITH HERSELF OR GO BACK TO HERMOTHER. SHE DECIDED TO LEAVE ME THE PROBLEMI HAVE IS THAT I HAVE A SMALL BUSINESS THAT I OPENED DURING OUR MARRAGE. MY BUSINESS IN INCORPORATED AND I OWN 100% OF THE STOCK. NOW SHE LEFT ME WITH ALL OUR BILL AND SHE WOULD NOT HELP ME BECAUSE SHE SAYS THESE ARE YOUR BILL PAY THEM YOURSELF. MY QUESTION IS IF I DIVORCE WILL I HAVE TO SELL MY BUSINESS OR GIVE HER HALF THE INCOME. I DID NOT USE HER NAME OR CREDIT TO START MY BUSINESS. ALL FINANCING IS IN MY NAME, THE ONLY THING HER NAME IS ON IS A CLAUSE IN MY LEASE IF SOMETHING HAPPENS TO ME THAT SHE WOULD PAY THE RENT. THE LEASE IS THROUGH THE CORPORATION