Skip to main content

If I am personally being sued for alienation of affection can my LLC small business be affected

Greensboro, NC |
Attorney answers 4

Posted

No.

This information is for educational purposes only and is not intended to form a client/lawyer relationship. You can contact me for a limited telephone consultation or an email consultation at my website, www.sjfarberlaw.com, which is listed below. In addition to operating my own firm, I also work for North Carolina Prisoner Legal Services, Inc., a non-profit law firm which exists to protect the rights of prisoners in the custody of the state of North Carolina. If a loved one is in prison in North Carolina, advise the inmate that they may write to North Carolina Prisoner Legal Services, Inc. NCPLS will review their case at no cost and will litigate at no cost to the inmate if the case meets NCPLS' standards. NCPLS can also provide some assistance to inmates seeking to represent themselves. I am also available for cases that do not deal with inmates incarcerated in North Carolina's jails and prisons.

Posted

I believe I answered a question from your boyfriend about him being blackmailed for more alimony in lieu of suing you for alienation of affection. You both need to hire attorneys in the areas of concern. Your LLC can be sued, as anyone can file a lawsuit against whomever they choose. It does not mean it will be successful, and I am not able to figure how they LLC could be held liable for an act it did not commit. But, if the soon to be ex-wife obtains a judgment against you, she may be able to go after the LLC depending on the laws in NC. It is unlikely she will sue due to the cost of a lawsuit and I understand she is in Arizona, not NC. On the other hand, the saying about a woman scorned comes to mind. You should consult with a local attorney to review your LLC status and be prepared for any lawsuit. Best of luck.

The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.

Posted

Generally the answer is no. Businesses are legally separate from their owners. The LLC did not do anything wrong and was not involved in the actions that may lead to an alienation of affections law suit. It should not be involved in any law suit against you.
However, it is possible that the assets could be at risk if a judgment is entered against you. Some people intermingle their personal assets with their business assets. A judgment against you allows the sheriff to execute on any of your assets. Some people do not run their business properly. It is sometimes possible for a judge to "pierce the corporate veil" by saying the LLC is not really a separate company but is an extension of you.
I do not practice domestic law. Be aware that there is usually an "equitable distribution " of all of your marital assets between your spouse and you. If the LLC was formed during your marriage, it would likely be considered an asset of the marriage would be included, along with all other assets, to determine how to equitably divide the property.
You must retain an attorney to protect your interests.

I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.

Posted

Alienation of Affections can only be brought against a natural person in order to protect employers against lawsuits involving workplace romances. However, if it is proven, damages could be based upon your net worth and the plaintiff may seek discovery to identify the value of the business and any communications between you and the spouse on your work email, etc. Make sure to speak with an attorney to understand your rights and responsibilities and to be prepared and informed. It goes a long way. Good luck.

Avvo divorce email series

Sign up to receive a 10-part series of useful information and legal advice about the divorce process.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer