Legal Question in Business Law in New Jersey

I have been seperated for 4 years and am thinking of starting my own business. If i do so, whhat rights would my wife have to my business if we divorce after I start my business? Would she be liable for any of my business debt? How does my marital status effect my business partner?

Thank you


Asked on 7/27/11, 1:48 pm

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. I recommend that you check the first question with a matrimonial attorney. Assuming you conduct your business through an LLC or corporation, and assuming your wife is not active in the business, she will not be liable for the company's debts. I'm not sure what you mean by "effect my business partner"? Pre-divorce? Post-divorce? I suggest that you call me with more details. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 7/27/11, 2:03 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Although you say you are "separated," the real issue is are you legally separated? Normally this is done through a legal separation agreement with both spouses agreeing on division of assets as well as treatment of future assets - like the business you contemplate. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/27/11, 3:46 pm


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