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Reducing the Impact of a Divorce on Your San Diego Business

On Behalf of | May 8, 2021 | Professional Practice & Business Ownership

Are you concerned about reducing the impact of a divorce on your San Diego business?  Do you own a small business or a professional practice?  Are you an established business professional with substantial business interests, stock options or substantial income?  How do you protect your company, your professional practice or your business before or during a divorce?

You know how hard it is to start and grow a business or professional practice.  You’ve invested years of hard work, money, risk, and late nights to build your business.  Now, you are facing the end of your marriage and one of the most important concerns in your life is protecting all that you’ve built and/or reducing the impact of a divorce upon your business.

The legal issue here (from the perspective of a business owner) is the division of community assets and liabilities.  Is there a community property interest in your business interest(s)?  The first questions will be was the business started or acquired before or after the date of marriage and have marital funds or labor been invested during the course of the marriage?  The answers to these questions will result in one of three conclusions:

  1. The business interest is your “separate” property and not subject to community property division
  2. The business interest has been commingled with the marital interest and has components of both “separate” and “marital” property interests, or
  3. The asset is community property and subject to division between the former spouses

If you are concerned about reducing the impact of a divorce on your San Diego business you need the experienced, proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.  We will discuss the unique circumstances of your case and develop strategies to protect your position.

You need to learn more about the process of valuation and the legal steps you can take to protect all you’ve worked to build.  Do you need a confidentiality agreement to keep business information and processes secret while protecting the public image and reputation of the company?  Is it possible to negotiate, mediate, arbitrate or litigate a postnuptial agreement which protects your interests?  What are the strategies to offset any community interest in your business so that you may keep it intact after your divorce is completed?

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.