Tucson, AZ asked in Divorce and Business Law for Arizona

Q: Husband had a company prior to our marriage but then sold it after 12 years of marriage am I entitled to Money in divorc

Am I entitled to any money from his company during our divorce?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property. But over 12 years things can change. I would want you to discuss with your family law attorney the events in the life of this business over the last 12 years, for example, was it incorporated or transferred to a LLC or other form of business organization? If so, what documents were generated? Did you sign any disclaimers? Were you asked to sign any? Discuss any promises made to you by your husband, how your husband was compensated by the business, what use was made of the funds he earned, how taxes were handled and whether or not you invested any of your earnings in the business or performed services for the business. Your attorney will be able to let you know what interest you may have in this business or what community lien may exist against the business.

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