If a married couple created a business together and are going through a divorce can one take full income away from the other even though paper work has not been drawn up or agreement struck?
2 Answers from Attorneys
This question is unclear. When you say "take full income away" are you speaking of the income from the business?
If a business was created during the marriage it is a marital asset or liability to be equitably divided. Furthermore income from the business can be considered for support (whether child support or spousal support). If the divorce is pending one party can petition the court for temporary support asking the court to consider income from the business. An agreement is not necessary.
Make a consultation with a local family law attorney. Based on the issues involved, legal guidance is perhaps necessary.
Natalie Hall, Esq.
If it is a joint venture then no. All profits are split 50/50. Contact my office for free consultation 727-446-7659