Wife of 25 years walked out an said she wants out we lost everything no house no money both lost our jobs no kids if I start a

Asked over 1 year ago - Saint Petersburg, FL

business in several of days can she come back on me

Attorney answers (6)

  1. Marian Audrey Lindquist

    Contributor Level 16

    8

    Lawyers agree

    Answered . 25 years is a long term marriage. You need to consult with an attorney face-to-face. Without an extended analysis no one here can give you a definitive answer. After a consultation you probably won't even get a definitive answer, because courts are tricky places. I would consult with an attorney and file for divorce before I started the business.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  2. Gale Harrison Moore

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . As long as you are married (prior to filing for divorce) anything you or your Wife own or owe can be deemed "marital property" and is subject to division. I strongly urge you to consult with an attorney to discuss this issue further.

  3. Robert M Chambers

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with Ms Lindquist and Ms Moore. The statute provides that assets owned by either you or your wife is deemed to be a marital asset subject to the distribution by the divorce court. It might be that it would all be distributed to you but the court starts with the concept that distribution is equal or 50 - 50. Why take a chance? Wait at least until after case is filed if not until it is over. If you want to see it in writing check out Florida Statute 61.075. Good luck.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client... more
  4. Garth R Goodman

    Pro

    Contributor Level 7

    2

    Lawyers agree

    Answered . I would recommend that you file for divorce before you commence your business as a going concern. The date for determining the marital assets is the date of filing for divorce. If you file for divorce after you start your business, this also does not automatically mean that she can obtain money from you. The issue would then be the "value" of the business. The value of a business involves a variety of matters including goodwill, historic earnings, etc. which may not apply to your newly formed business. I would recommend you obtain counsel if this is an issue. You will also need to consult with a tax professional such as an accountant to make sure you are keeping your business dealings and receipts separate and apart from your personal affairs.

    The foregoing is not intended as legal advice. In order to provide you with legal advice and/ or an informed,... more
  5. Robert M Valentine

    Contributor Level 7

    2

    Lawyers agree

    Answered . I agree with Mr. Goodman, you should wait to start your business until after you have filed for divorce.

    However, the business is not the only issue that you should consider. You should consult with an attorney as soon as possible to discuss your exposure to alimony, temporary support, and any equitable distribution considerations.

  6. John Arthur Smitten

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The new busines is post separation so any profit (or loss) is all yours. Contact my office for free consultation.

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