Legal Question in Business Law in New York

The choice of state of incorporation is not necessarily determinative to a decision of what would be considered marital property.

Realistically, you need to consult an attorney to review the proposed business, any partners you may have in the business, the capital invested and the state of affairs between you and your spouse to be able to form an asset preservation strategy.

I can assist in this matter. Feel free to contact me at your earliest convenience.

Roman R. Fichman, Esq.

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I really do not know what you mean by "divorce proof." If you intend that your wife would garner no financial interest in your interest of this business you need to create the proper operating agreement and spousal consent. Otherwise, any asset obtained during the course of marriage is subject to equitable distribution, but this does not mean that she would get any managerial rights in the business, only a financial interest of your share and in most cases this interest is bought out straight-away.

In your case, I highly doubt it will be productive to domicile the entity in WY or DE. While both of these jurisdictions have very business friendly, mature and progressive bodies of corporate law they will not necessarily do much to affect the situation you described. It may be helpful to chat with a family lawyer or asset protection specialist as well just to make sure you have considered all your options.

f you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.