Legal Question in Business Law in New Jersey

Starting a new company while filing for Divorce

I am in the process of starting up a new company. I am also beginning the divorce process. My quetion is how can I start this company and NOT have my husband be entitled to any of it. I have a business partner so that may provide some additional options. In the end I just do not want my husband to have any say or any claim to this new venture. What are my options. Thank you.


Asked on 3/23/05, 8:16 am

2 Answers from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: Starting a new company while filing for Divorce

Dear Madam:

You and your partner must execute a carefully drafted buy-sell agreement (aka shareholder's agreement). You must take to address issues of family law, restrictions on transferability, and fraudulent conveyances.

You may contact my office at [email protected] for a consultation by email.

Good luck,

Anthony S. Park

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Answered on 3/23/05, 9:25 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: Starting a new company while filing for Divorce

If you are using any assets acquired during your marriage to start this business, your husband may have a claim. The best thing is to negotiate and sign a property settlement agreeement with your husband and specifically exclude the new business from any equitable distribution. If you do not have an attorney, we specialize in this area and can help you. Please call us for an appointment. Good luck.

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Answered on 3/23/05, 10:07 am


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