This is How You Can Protect Your Business In A Divorce

Posted by Shirley Carter
2
Jul 19, 2016
160 Views
Divorce is indeed an unfortunate event in a marriage. It doesn’t matter whether you longed to be together for a year or forty, divorce is something that wrecks your mind and soul.

The separation becomes much more arduous when it comes to dividing business assets. And you just can miss out on the fact that a partner may be entitled to as much as 50 percent of the business you have. And it is quite obvious that nobody would want their ex-spouse to remain active in the business (for many reasons apart from the brutal separation).

It is always advised to get things settled down in a peaceful manner in order not to hurt oneself anymore. And it can only be possible when you know what rights you hold in the divorce, and indeed, when you have support from a business assets attorney in Wheaton.

You first need to understand the basic difference between separate and marital property.
 
Separate property

Every state defines separate property in different ways, but in general, a separate property is:

  • A property that has been owned by either spouse prior to the marriage
  • An inheritance received by one of the partners solely
  • A gift received by one of the spouses from a person other than the spouse
  • A payment or amount received as compensation for the pain and suffering in a personal injury judgment

Now, what you need to consider is a separate property would lose its status if you mingle it with martial property. Ask a business assets attorney in Wheaton when a property is no longer considered a separate property.

Marital property

Marital property includes all income and assets acquired by either spouse during the marriage, such as pension plans, deferred compensation, restricted stocks and other equity, country club memberships, professional practices and licenses, brokerage accounts – mutual funds, stocks, bonds and other many such incomes.

Note: // In many jurisdictions, if you gain more separate property during your marriage, the increase would be considered marital property.

Seek the legal advice Kane County IL

If you two are willing to end your relationship, approach an attorney to get through the process efficiently. A lawyer would give you an expert perspective on the division of martial property and business interests, avoiding possibility of any dispute. S/he would lay an experienced and critical eye to the evaluation of assets, both separate and martial, to provide you the best solution possible.

Along with this, your attorney would acquire a subpoena to access and review corporate records, which further help you not to compromise on your rights.

Approach an attorney in Wheaton right away to get immediate consultation.
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