Will my Ex get Half of my Business in Divorce?

The short answer is that it depends. Whether an ex-spouse will be entitled to a portion of your business assets will specifically depend on when you married, when your business started, and some other factors, which we will point out below.

Factors That can Impact an Ex’s Entitlements to Your Business in Divorce
No Time for Mistakes Photo
A Scottsdale divorce lawyer discusses when business assets are divided in divorce.

Some of the main factors that can affect whether or not you may have tosplit your business assets with your ex in divorce include (but may not be limited to):

  • When your marriage occurred – Specifically, were you married prior to starting the business? If so, it may be possible to argue that your ex helped you finance or form the business, making him or her entitled to a portion of it. These arguments can hold more weight if or when marital funds or assets were used to start, operate or sustain the business.
  • Whether a prenup or post-nuptial agreement was signed – If you and your ex signed a legitimate prenuptial or post-nuptial agreement that contains terms regarding your business, then typically, your business interests will be divided (or protected) according to those terms. If, however, the terms are deemed to be “unconscionable” (or the agreement is invalid for other reasons), the court can throw out the agreement and divide the business interests as it sees fit (if you and your ex are unable to come to an agreement about this on your own).
  • Whether you have a buy-sell agreement for your business – These legally binding agreements can also provide specific terms for how a divorce will impact your business interests and assets. So, if you have one of these agreements in place, it’s important to understand its terms related to divorce in order to figure out how the end of your marriage will impact these interests.
Contact a Scottsdale Divorce Lawyer at the Law Office of Karen A. Schoenau

When you need superior, effective representation in an Arizona divorce, you can rely on Scottsdale Divorce Lawyer Karen Schoenau for the best possible outcomes to your case. Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues.

To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918 or by emailing us using the drop-down contact form at the top of this page.

From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues. Mark
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice. Nolan
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!! Jim
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation. Deanna