Legal Question in Family Law in New York
rights to future income from business
''Married 41 years.'' Husband wants separation and left the family home. He wants to make up a separation agreement. He states he does not want me to have any access or information about this business. He wants to remove all records from our home office. I have kept all the financial records and have done all the bookkeeping since we started in business 30 years ago. This business is not a registered business but rather operated under his personal name. A joint checking account has been used since the inception of this business. Does he have the right to do this and keep me uninformed of the finances and business activity? It does appear that he has been aquiring more assets to expand this business without my knowledge or consent. Where do I stand legally with this issue? I have no other source of income but that which has been generated through this business.
3 Answers from Attorneys
Re: rights to future income from business
you certainly would be entitled to a share of the value of the business. you should copy as many records that you can get and keep them in a safe place outside the home. you can call me for free telephone consultation at 516 466 5297
Re: rights to future income from business
The short answer to your question is "NO!"
The business is a marital asset and you have the right to your interests in the business. I suggest you immediately seek counsel.
Please let me know if I can be of help.
Daniel Clement
212 683-9551
Re: rights to future income from business
No, he does not have the right to do this, at least not without your permission. You will need an aggressive divorce attorney with access to a good forensic accountant.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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