A doctor with a medical practice, an electrician with multiple employees, and a sole proprietor of an IT company, all have one thing in common.  They are each business owners, with the sole ownership interest in their business, which is not only their primary source of income but also their asset.

When either spouse in a married couple forms a business during the course of that marriage, the business is an asset subject to equitable distribution upon divorce.  If one spouse owns a pre-marital business, established prior to a marriage, the only sure way to protect that asset is to have a prenuptial agreement signed well in advance of the marriage. Otherwise, the appreciation of that business’ value, attributable to the efforts of either spouse, will be subject to distribution upon a divorce.

One of the few fact patterns that can make a divorce complex is when one party is self-employed.  You not only need to address equitable distribution of the asset itself, but issues concerning what true income is earned arising, often causing the need to involve forensic accountants.  To assure that your rights in such situations are protected it is essential for you to have the support of any experienced divorce attorney who has addressed such issues time and time again.  The attorneys at Shane and White, LLC have the experience to protect you if you are the self-employed as well as assure that you receive all your entitled to if you are the dependent spouse.

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The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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