When There's A Business Involved . . .

awhyley

awhyley

Well-Known Member
This is going to be moved to the Divorce forum for certain, but I wanted some traction here, as the main forums get the most views. A couple, married for 20+ years, started a business in which the wife works full-time. The husband, (whose physical and mental health is failing), is accusing the wife of cheating. Wife wants to leave, but as she is up there in age, fears that she won't be able to rejoin the workforce. Moreover, she feels that she doesn't have the income to start over while proceedings drag on, or even file, as she never saved during the marriage. This situation is pretty sticky, and I'm stumped. TIA.
 
awhyley said:
This is going to be moved to the Divorce forum for certain, but I wanted some traction here, as the main forums get the most views. A couple, married for 20+ years, started a business in which the wife works full-time. The husband, (whose physical and mental health is failing), is accusing the wife of cheating. Wife wants to leave, but as she is up there in age, fears that she won't be able to rejoin the workforce. Moreover, she feels that she doesn't have the income to start over while proceedings drag on, or even file, as she never saved during the marriage. This situation is pretty sticky, and I'm stumped. TIA.
Click to expand...
was with my exh 20 years exactly. he owns a business.

...but don't know what you're asking? you never posed a question.
 
  • Like
Reactions: BGT
awhyley said:
This is going to be moved to the Divorce forum for certain, but I wanted some traction here, as the main forums get the most views. A couple, married for 20+ years, started a business in which the wife works full-time. The husband, (whose physical and mental health is failing), is accusing the wife of cheating. Wife wants to leave, but as she is up there in age, fears that she won't be able to rejoin the workforce. Moreover, she feels that she doesn't have the income to start over while proceedings drag on, or even file, as she never saved during the marriage. This situation is pretty sticky, and I'm stumped. TIA.
Click to expand...
Keen said:
Sound like she was an employee rather than a business owner. Can the business survive without her?
Click to expand...

This needs to be a lesson for all women. Get your name on everything! Mortgages, businesses, cars, property, EVERYTHING!

With that being said, it may take some adjustments, but she can still continue to work at the business without being in the relationship.
If both his mental and physical health are failing like that she could just wait out her time to be free of him... Or help him along.
either way, she should start protecting herself now. She should consult an attorney, especially about getting a Power of Attorney over her husband. If his mental health is failing he may start making irrational decisions that would hurt both of them.
 
Keen said:
Sound like she was an employee rather than a business owner. Can the business survive without her?
Click to expand...

She was/is the manager and does the majority of the work. The business can survive without her, but it would be quite the transition. The hubby never worked in the business, so he can't take over. He would have to hire another manager.

DarkJoy said:
was with my exh 20 years exactly. he owns a business.
...but don't know what you're asking? you never posed a question.
Click to expand...

I guess the question was what should her next step be, because when posed with the situation, I didn't know what to say really. My first thought was that she needed to save up to move out, and consult an attorney, but was wondering whether there were any alternate steps that weren't being considered.
 
FearlessNik said:
This needs to be a lesson for all women. Get your name on everything! Mortgages, businesses, cars, property, EVERYTHING!
Click to expand...

>THIS< That is TRUTH right there. :yep:

FearlessNik said:
With that being said, it may take some adjustments, but she can still continue to work at the business without being in the relationship.
Click to expand...

Things are rather acrimonious right now, so I doubt that she wants to stay there.

FearlessNik said:
If both his mental and physical health are failing like that she could just wait out her time to be free of him... Or help him along.
either way, she should start protecting herself now. She should consult an attorney, especially about getting a Power of Attorney over her husband. If his mental health is failing he may start making irrational decisions that would hurt both of them.
Click to expand...

Her seeking that Power of Attorney would be the last straw for the relationship. He's already paranoid that she's plotting against him. I'm thinking that she should move for her safety and move in with family for the time being, but I believe that leaving the martial home may hurt her in court. I agree, she needs to consult a lawyer, this is getting complicated.
 
awhyley said:
She was/is the manager and does the majority of the work. The business can survive without her, but it would be quite the transition. The hubby never worked in the business, so he can't take over. He would have to hire another manager.



I guess the question was what should her next step be, because when posed with the situation, I didn't know what to say really. My first thought was that she needed to save up to move out, and consult an attorney, but was wondering whether there were any alternate steps that weren't being considered.
Click to expand...
I know a lot depends on the state and the laws arou d divorce. here in Cali everything is split 50/50 unless there's a prenup or the spouse signs away that asset during divorce. even in certain cases, the court can ignore the waiver.

your friend needs a lawyer to at least consult stat.
 
Your friend needs an attorney. First step is whether or not her state is a community or separate property state. I believe Texas is.
 
The wife wants to leave because he is accusing her of cheating or because the marriage itself is failing?​
 
This is state specific, so she needs an attorney. Some assets don't require a name to be on it in a divorce split. Again just depends on the state. Regarding the cost she will likely at least need her filing fees which she can check with a quick google search for her court. The attorney can ask the husband for fees in the pleadings. Not a guarantees, its just ways to work around them.

Most attorneys don't charge for a phone call to answer these types of questions. Depending on your state I may have someone I can refer your friend too. Just PM me.
 
Kimbosheart said:
This is state specific, so she needs an attorney. Some assets don't require a name to be on it in a divorce split. Again just depends on the state. Regarding the cost she will likely at least need her filing fees which she can check with a quick google search for her court. The attorney can ask the husband for fees in the pleadings. Not a guarantees, its just ways to work around them.

Most attorneys don't charge for a phone call to answer these types of questions. Depending on your state I may have someone I can refer your friend too. Just PM me.
Click to expand...

The underlined info. is closer to the information that I was looking for. Thanks @Kimbosheart, I'll let you know how this goes.
 
awhyley said:
Both. It's been pretty rough for a while now, even before his illness.



She works in it, but I'm not sure whether her name is on any documents.
Click to expand...

So if she most likely is not even a partial owner of the business than she is merely an employee. What is the question again?
 
Mai Tai said:
So if she most likely is not even a partial owner of the business than she is merely an employee. What is the question again?
Click to expand...

Employee and named ownership sometimes really is an unimportant distinction. The answer to this particular question for the woman in the OP is easily acertainable. Secondhand information is unreliable, really it depends on how good your attorney is, and every divorce has a different set of key facts. Ask a divorce attorney in your state. Do not ask a layperson as there is a lot of misinformation going around.

Texas for instance it is very difficult to get something that started during the marriage or income earned during the marriage to be claissifed as separate property. It does not matter how it is titled, owned or registered. If it occurred during the marriage it is community property which means that minus any other factors it's available to be split at a minimum 50/50. In Texas, her name does not need to be on any document for this to be the case.
 
Last edited:
You must log in or register to reply here.
Back
Top