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Question about divorce and home businesses

Okay, so I am a stay at home mom and have a home business. I am married but my husband is very verbally abusive and he keeps getting worse. I need to get out of my marriage and this is why I am doing my home business so I will be able to support myself when I do file for divorce. Here is my husband says that if I do file for divorce he will get 1/2 of my home business because we are married. Like I will have to pay him alamony. He says I am using "his" money to fund the business now so he will get 1/2 even though I am the only one working for it and it is only in my name.

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Asked by Anonymous at 11:32 PM on Dec. 9, 2008 in Money & Work

Answers (10)
  • Cont. Is this true? I don't want to give up 1/2 of my business, this is how I will support myself and my kids. Please don't bash me, he always says that all the money is "his" yet I take care of our kids and this house and I am tired of him being such an ass. I don't deserve to live like this and either do my kids. I need to know what will happen with my business. Please give some input. Thanks!

    Answer by Anonymous at 11:32 PM on Dec. 9, 2008

  • I'm not a lawyer so I'm not sure but I think if it is in your name I don't think he can touch it...this is something you definetly want to ask your divorce lawyer!

    Answer by businesswife1 at 11:44 PM on Dec. 9, 2008

  • I meant can't touch it...sorry but I'd still ask a lawyer!!!

    Answer by businesswife1 at 11:45 PM on Dec. 9, 2008

  • Definitely get a lawyer. I don't know where you live but in California everything is divided 50/50 if it was acquired during the marriage. This includes businesses. However, this is not set in stone, everything can be negotiated. In my divorce, he kept his business and I kept my 401k. So, find something HE doesn't want to share and you have a bargaining tool. It goes both ways.

    Answer by hopelessnance at 12:08 AM on Dec. 10, 2008

  • Now typically when a man has a stay at home wife buisness or not, they pay the alimony. How long have you been married? Have your children/friends/family witnessed the abuse? Has he participated in the buisness? That is a defense in itself. You did what you had to do to get out rather than subject your children to an abusive father, unstable marriage/homelife, and be regretful and resentful for staying with him as long as you have. Worst case possible you have to "buy" him out.. Just get out there's always a way. Make a better life for yourself.. and your kids. You might be down before you get up, but hey! you're out.

    Answer by CM2TX08 at 12:53 AM on Dec. 10, 2008

  • Gosh I have been in your shoes before. I had a home business before divorce but he didn't know about it that is the only difference. Ask your attorney before you file. Laws in different states vary. He may be right or he may be trying to keep you upset. Thing is he has to pay you something if you have young kids. If you remain in the home; in some states he has to pay the note without living there. My cousin got that deal. But you don't want to depend on him payingy our mortgage because he will leave you to drown. Before you get a divorce get a nest egg ( bank account) he does not know about. Save some money. Men like him like to see you struggle with the kRightfully hismoney is you rmoney as long as you are married. If you funded a business with what he earned it doens't matter you are married. You can express that to a judge.

    Answer by Godswk at 2:59 AM on Dec. 10, 2008

  • I agree with some of the above! I am not a lawyer either, my mom is going through a divorce and my mother and step father started a business together and in Vermont where i am from it does go 50/50, unless otherwise agreed by the parties! I would get legal advise and the laws always have a little clause.... there is always a loop hole!

    Answer by KristenM.D at 11:40 AM on Dec. 10, 2008


    Answer by nanaevelyn at 12:30 PM on Dec. 10, 2008

  • What state do you live in? Who makes more money? Who carries the health insurance? How many kids do you have? Are you going to throw him out or leave and get an apartment. Who will the kids live with?

    This is all very state specific. You need to talk to a lawyer in your state.


    Answer by Madge1428 at 1:35 PM on Dec. 10, 2008

  • Need to seek an attorney on that one. I know there are rules one co-mingling of funds creating martial funds, but if he's making more money then it's possible they would simply reduce the amount of alimoney he would pay you by the amount of the home business. it really depends on each state, the facts of the divorce, and if you guys can mediate it.

    Answer by Anonymous at 9:29 PM on Dec. 10, 2008

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