Legal Question in Business Law in Wisconsin

Setting up a llc, Merring the CEO, have 3 member of the llc. How do I protect my self in the event of a devorice?

Asked on 3/07/13, 10:33 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Divorce planning when organizing a business is a complex process which should not be attempted online. Admitting online that you are even attempting this makes you vulnerable to later claims that you fraudulently transferred or concealed assets from your spouse. This can be used against you later in court. You need to spend some time with a privately retained lawyer in the privacy of his or her office when you discuss such a sensitive subject. The presumption in WI if you do not have a prenuptial agreement is that all property, including shares or membership of an LLC, are half owned by each spouse. Courts therefore usually divide such interests on a 50/50 basis unless you can work out a marital settlement agreement with your spouse's attorney for a different type of division. Such agreements often involve setting values on each asset, which allows them to be "traded" so that each spouse has a substantially equal net value of property. My answer here does not make me your lawyer, so you need to consult one of your own before acting upon this. For further discussions, you may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at See over 15 years of my previous answers to consumer questions at Attorney answers may contain advertising materials.

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Answered on 3/08/13, 8:18 am

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