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S-corp and divorce

I am divorced and durning the marriage I started an S-Corp with a friend. I started the s-corp with 5ooo in shares. My Ex Wife is listed as a spouse on the election form. For some reason in the final division of assets the business was left out. Now my ex says she is 25% owner in the business and simply buying out her stock is not sufice. Isnt her share what the value of stock was at separation or is there more to this?

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Attorney answers (3)

Reputation Level 20
She is a 25% owner of the company. Those shares have to be valued as of today, not at time of separation. While your earnings after separation are separate, the value of the corporation did not cease as of the date of separation.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Reputation Level 15
I'll make a point that will not help you now but should help if you ever start another company.

When forming a corporation or LLC, prudent founders will include, in the applicable agreement, buy-sell and voting-rights provisions - including spousal consents - so a portion of the company will not pass to an ex-spouse following divorce. Please see the post at the link below.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

Reputation Level 14
The answer above is correct. I will suggest you contact a good lawyer soon. Dealing with omitted assets and a S-Corp at that is not simple work. Get someone that know what they are doing and start the negotiation soon.

If you are in San Diego County, you can call 1-800-DIVORCE and speak directly with me.
Good luck!

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