Your Spouse’s Business in a Divorce – Miami Divorce Attorney
Spouse’s Business in a Divorce – Many times a client will come to Filler Rodriguez LLP seeking advice on how whether they will be entitled to part of their spouse’s business in the divorce. This can be a complex question. To simplify it to basic terms, we will inquire if the spouse’s business was created during the marriage. If the spouse’s business was created during the marriage then the spouse’s business is a marital asset and subject to division.
Personal expenses paid from the spouse’s business in a divorce.
In many cases the spouse’s business should be added as a party to the divorce. There are specific factors that must be examined to add a spouse’s business to the divorce. For example, were personal expenses paid from the spouse’s business? Is there a blending of corporate and personal interests in the spouse’s business? Is there an independent cause of action against the spouse’s business? Is the consulting client seeking assets from the spouse’s business?
If you are the spouse with the business in a divorce.
If you are the spouse with the business in a divorce and are seeking to shield the business in a divorce, the lawyers at Filler Rodriguez LLP will ask how the books and records were kept? Did the spouse’s business observe the required corporate formalities? Does the spouse’s business have payroll and other obligations that will be detrimentally affected if the spouse’s business is joined in the divorce?
These are all questions that the lawyers at Filler Rodriguez LLP will ask to assist you in a divorce involving a spouse’s business. These are complex questions and you should seek the advice of attorneys that are skilled in handling these types of matters such as the attorneys at Filler Rodriguez, LLP at 305.672.5007
