Legal Question in Business Law in California

Back Wages

My husband & I incorporated his computer consulting business 7 years ago & I'm 50% owner. It's just the two of us in this company. I worked as the bookkeeper but never took a salary to keep our taxable income down. Now we're getting divorced & I'd like to know if I can legally ask him for back wages. I'm not looking to divide assets under family law, I'm looking at this as purely business since he was paid wages out of the corporation but I was not. I'm still part owner of this corporation.


Asked on 6/15/09, 12:48 pm

3 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Back Wages

I do not believe that you are entitled to back wages. As a part owner, you can be expected to work for nothing more than protecting your equity. Also, you were involved in the decision not to pay yourself wages for your work. As the wife of the person being paid, you had a 50% interest in his wages.

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Answered on 6/15/09, 1:00 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Back Wages

You may have to dissolve the corporation (or he can buy you out). Contact me directly.

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Answered on 6/15/09, 1:43 pm
Terry A. Nelson Nelson & Lawless

Re: Back Wages

You can look at as you like, but it is an issue in family law, whether you bring a separate lawsuit or not. Talk to your disso lawyer before wasting money on a duplicative suit.

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Answered on 6/15/09, 4:34 pm


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