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If you own a small business and you marry, that small business is your separate property rather than marital, subject to division in the event that your marriage ends in divorce. That said, any appreciation in the value of your business could be considered marital property, and assets have a way of commingling – a fact that can easily complicate the equitable division of property if the marriage does end in divorce.
While no one enters into a marriage thinking they will eventually divorce, protecting your small business from a complicated division from the outset makes good business sense and is in no way indicative that you believe your marriage is doomed to fail. If you have questions or concerns regarding business ownership, marriage, and prenuptial agreements, an experienced Florida prenup attorney can help.
A prenuptial agreement helps to guide how your assets will be divided upon divorce, including your business. A prenup can help cement the separate nature of the business you brought into the marriage. Because the lines between separate and marital property often blur during the course of a marriage, the following scenarios are much more likely to happen – in the event of divorce – if you don’t have a well-considered prenup in place:
Business ownership is complicated, and divorce is often messy. When you combine these factors, things become that much more difficult. A prenuptial agreement can help you keep your business separate (within the boundaries of the law), which can help make divorce less harrowing – but does not make divorce more likely.
Many people are under the erroneous belief that even raising the specter of a prenuptial agreement dooms the marriage from the start, but nothing could be further from the truth. Couples who enter into prenuptial agreements are not more likely to end their marriages in divorce, but they do take a more proactive approach to the possibility of divorce.
The fact that you currently own a small business in no way guarantees that the business will be lucrative, increase in value, or even remain a going concern throughout your marriage. A prenup that addresses your small business also helps protect your spouse from the devastating losses that a business can accrue. Small businesses are also often closely associated with considerable debt. In other words, small businesses are often a gamble and a prenup can help you mitigate the risk to your spouse while helping to ensure that your business remains as separate as possible.
There are a lot of misconceptions about prenups out there, but the following points help put the matter into better perspective:
There are some very specific ways that a prenuptial agreement can help you protect your small business in the event of a divorce, including:
Want to learn more about protecting your small business with a prenup? Please
fill out our online form to request a free consultation with JustPrenups.
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