My wife owns a business in her name. I help out with the business but I do not draw an income. Does my wife have to pay me?

Asked about 2 years ago - Saint George, UT

What ramifications if any will be against the business for the spouse working but not drawing an income

Attorney answers (2)

  1. 1

    Lawyer agrees

    Answered . Hi,

    Your question, though simply stated, is actually not so straight forward.

    There may be both federal and state employment law as well as family law issues implicated here. I mean, plenty of spouses help with their spouses business and are not treated as employees. It franky depends on what your involvement is.

    You should consult a local lawyer that can explore all the issues you are concerned with in more detail before you do anything. Keep in mind that you may have a financial interest in this business by virtue of being married to its owner. So don't do anything such as report a labor issues with DOL, etc in spite because this may have the unintended effect of hurting the business and thus diminishing your interest in it as well. Talk to a lawyer.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  2. 1

    Lawyer agrees

    Answered . I agree with Mr. Natoli. An attorney would have to know far more details to determine whether you qualify as an employee.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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