Legal Question in Family Law in New Jersey

Regarding Divorce....

My husband and I own an S-Corp Small business together for the length of our marriage 11 years. He brings in approx. $25,000 a month and I bring in $8,000 a month. We have a 50/50 partnership. However my husband works 50-60 hours a week and I only work 15-20 hours a week. My primary job is to take care of our two children.

He stopped depositing checks into the business when he moved out of the house on 11/24/09. The checks are written out to our company FTC. He also withdrew more than %50 of the money from our business account. Since we are still married and the divorce filing has not begun can he keep this money or does it need to be deposited into the business account? Will all the checks he gets payment required to be deposited into the business account? If he files for a divorce does he get to withhold payments\money made out to our company FTC?

Can he start a new company while we are married and have the check made to this new company? Am I entitled to half the money he is bringing into the company until we get a divorce? Can he hide any money?


Asked on 12/15/09, 9:35 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

In a divorce all marital assets are divided on a 50/50 basis. If funds are secreted or withdrawn, they have to be accounted for. You own fifty percent of the corporation and he can not escape your entitlement because he forms a new corporation which is really the same business under a different name.

Read more
Answered on 12/20/09, 10:21 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey