If I start a business "after" I file for a divorce and before the divorce is finalized, will he have any claims on my business?

Question

If I start a business "after" I file for a divorce and before the divorce is finalized, will he have any claims on my business?

Answer

The simple answer is NO. But, if you used community property monies to start the business, then the community could either have a buy in interest in the business, or, at the very least, a right to reimbursement for the contribution to the business. I would suggest you make a consultation with a local family law attorney to get more specific advise. Good luck.

www.FamilyLawCalifornia.com

Answer

Mr. Schneider is correct. If you start it with no capital and/or put no community funds or assets into it, there would be no claim. But very few people in the middle of a divorce have the ability to start a business with absolutely zero capital drawn from the unallocated community assets. Until you have a property distribution and judgment assigning you assets and then use them, you would be at significant risk of your spouse having a valid claim to an interest in the business.

Answer

I agree if you start the business after you are separated. Separation is the then end of the community, and any community property interests. I state that, because some people file for divorce while they are not separated.