Legal Question in Family Law in Maryland

seeking divorce,had business 12 years prior to marriage.How

I had my business constrution business 12 years before I married,we been together 22 years and my wife worked in the business.Is she intitaled to half?


Asked on 1/12/08, 4:16 pm

2 Answers from Attorneys

Bill Wood Law Office of William C. Wood, LLC

Re: seeking divorce,had business 12 years prior to marriage.How

She would likely be entitled to a portion of the increased equity in the business, if any, that accrued during the marriage. The general rule is that property acquired during the marriage is considered marital property subject to equitable division. If the value of the business increased during the marriage and she can show that her efforts contributed to that increased value, she could be awarded a portion of the increased equity.

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Answered on 1/12/08, 7:56 pm
Adele Abrams Law Office of Adele L. Abrams PC

Re: seeking divorce,had business 12 years prior to marriage.How

There is no black and white answer to this. Clearly, though, she would not be entitled to 50% as Maryland is not a community property state and you had a significant non-marital interest in the business prior to the marriage. A number of factors would get analyzed, including whether she helped build the business post-marriage (e.g., worked there, did sales, handled collections etc.) or whether she had her "own" career. Even if she is not entitled to a share of the business equity (which I often have gotten waived by the spouse in these cases), she may be entitled to alimony depending on your respective assets and income levels. I can explain more during an initial consultation. Please call to set up an appointment.

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Answered on 1/12/08, 7:57 pm


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