Legal Question in Family Law in California

The simple answer is NO. But, if you used community property monies to start the business, then the community could either have a buy in interest in the business, or, at the very least, a right to reimbursement for the contribution to the business. I would suggest you make a consultation with a local family law attorney to get more specific advise. Good luck.

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Mr. Schneider is correct. If you start it with no capital and/or put no community funds or assets into it, there would be no claim. But very few people in the middle of a divorce have the ability to start a business with absolutely zero capital drawn from the unallocated community assets. Until you have a property distribution and judgment assigning you assets and then use them, you would be at significant risk of your spouse having a valid claim to an interest in the business.

I agree if you start the business after you are separated. Separation is the then end of the community, and any community property interests. I state that, because some people file for divorce while they are not separated.