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.
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.
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The new busines is post separation so any profit (or loss) is all yours. Contact my office for free consultation.
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.
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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, expert opinion, I would need to gather additional information. If you are desirous of legal advice and representation, please feel free to call my Office for a free initial consultation at 727/ 895-5858. Thank you.
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.
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