Marriage joins more than just two people. You often join assets as well, including businesses. Understanding what that might mean when a couple decides to divorce is essential.
Difference Between Marital VS Separate Property
Identifying the differences between marital and separate property is the first step. Ohio laws state that marital property tends to be assets acquired by either partner during the marriage. The separate property would include:
If the business was started or acquired before the marriage, it could be partially marital or separate property. But if jointly owned after the marriage, then it will likely be considered marital property.
Business Ownership Post-Divorce Factors
While many factors determine whether a business or business assets will fall into the category of marital property, some of them are as follows:
Establishment of business: As mentioned, if started or acquired during the partnership, it will likely be categorized as marital property.
Spousal contribution: If each partner contributed to the business’s success, you could count it as marital property.
Business growth: The growth of the business value over the life of the marriage, if significant, can be marital property.
Business Interest Protection
As a business owner, one way to protect your business is to establish a prenuptial agreement. This document is a legally binding contract between both parties that specifies which assets are separate and how marital property will be divided should the marriage end. You would have the opportunity to list the business remaining as the sole property of one spouse to ensure it cannot be included in marital property during a divorce.
Hiring a law firm familiar with divorce proceedings, division of assets, and businesses will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.
We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 or
contact us online to make an appointment.
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
Monday - Friday: 9:00 am - 5:00 pm
Convenient parking available
Main Office:
Portage Lakes Office:
Fairlawn Office:
Office Hours:
Phone and Fax:
Phone: 330-922-4491
Fax: 330-922-4498