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re: Protecting a business from divorce

Posted on 12/10/19 at 11:37 am to
Posted by Barneyrb
NELA
Member since May 2016
7199 posts
Posted on 12/10/19 at 11:37 am to
Give the business to her and let her pay him half. Start a new business with that money. Win-win


Buddy had a wife during the divorce tell him his tractor was $40k and he responded sold. They settled for $8k on it
This post was edited on 12/10/19 at 11:44 am
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 12/10/19 at 11:40 am to
Its called a prenup.
Posted by thibtigerfan
Thibodaux
Member since Aug 2006
2460 posts
Posted on 12/10/19 at 12:06 pm to
Wouldn't she be entitled to half the business? Not half the value of the business. Therefore get a lower sales price (which she will have to agree too). You said that he was the reason the business did well, he can open a new one under a new business name after the sale.
Posted by BigB0882
Baton Rouge
Member since Nov 2014
5422 posts
Posted on 12/10/19 at 12:10 pm to
Why would a business that is going to bring in millions over the next 10-20 years only going to sell for $100,000? Is this a business that he knows will not be viable, for whatever reason, beyond another year or so?
Posted by Funky Tide 8
Bayou Chico
Member since Feb 2009
56815 posts
Posted on 12/10/19 at 1:05 pm to
quote:

If you own a business prior to marriage YOU 1000% have to get your future spouse to sign that pre-nup. Period. She balks = end the relationship because it's a precedent for disaster down the line.

If you start up a business during the marriage you 1000% have to set up ownership & "disaster" documentation in the event the marriage dissolves.

Hope as a tactic is the worst thing you can do. It isn't love, it's business.


I love reading threads like this. So much interesting info that I would otherwise know nothing about.
Posted by alphaandomega
Tuscaloosa-Here to Serve
Member since Aug 2012
17080 posts
Posted on 12/10/19 at 1:14 pm to
quote:

1.Don’t marry
2. ??????
3. Profit


1. .45ACP
2. Shovel
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30384 posts
Posted on 12/10/19 at 1:32 pm to
quote:

I despise the fact a man can take all the risk and do all the work then one day a bitch who didn’t do shite can leave you and take all your shite.


Well, a woman can be in that same boat.

On the monetary side, I have no sympathy for any crying man or woman when they don't have a prenup. I have been married twice both with a prenup and each stated property and money acquired during the marriage would be divided based on the percentage of income produced by each during the course of the marriage. Easy peasy and fair since I have no hangups about a woman working and both of my wives did/do.

LA is one of those goofy community property states (only 9 of them) which generally fricks one spouse good.

Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30384 posts
Posted on 12/10/19 at 1:43 pm to
quote:

Yea, there is more to this story. If he is the rainmaker, he can just either shut this business down or give it to her, and start the exact business back over with his same customers.


You aren't the first to think of this. When it happens a good divorce attorney just reopens the divorce proceedings based on fraud then it is on like Donkey Kong. No more vaseline and sand it is just dry crusher run getting shoved up the "I am smarter than all of you" guys hole.
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
69981 posts
Posted on 12/10/19 at 2:01 pm to
No he didn’t
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 12/10/19 at 2:03 pm to
Why can't he sell for more if he has proven profits?
Posted by Tiger Prawn
Member since Dec 2016
25773 posts
Posted on 12/10/19 at 2:04 pm to
quote:

she went nuts and was gang banging on websites (no Mark Cuban notes gif, total butterface and not hot)
But if I wanted to take notes like Mark Cuban, what websites and search keywords should I use?
This post was edited on 12/10/19 at 2:05 pm
Posted by Hoops
LA
Member since Jan 2013
8247 posts
Posted on 12/10/19 at 2:08 pm to
Yep then you could hire him to run it and base his pay off profits
Posted by Tiger Prawn
Member since Dec 2016
25773 posts
Posted on 12/10/19 at 2:10 pm to
quote:

Its called a prenup.
Prenup is for shielding assets you already had before the marriage. OP said the business was started after they were already married, so a prenup wouldn't have saved him.
Posted by ItNeverRains
Offugeaux
Member since Oct 2007
28166 posts
Posted on 12/10/19 at 2:12 pm to
quote:

My friend just finalized a divorce that really kicked him in the nuts. He had about 900k in the bank, and a business that brought in about 400k last year and 300k this year. Somehow his business was valued at $1 million, and his payout was calculated off that. Problem is, there is no way he could sell it for anywhere near that. It could sell for maybe $100k. The divorce will likely force him to sell his house and business to pay because of the bullshite valuation(no long term contracts, only relationships).

It got me thinking. If a married man starts or acquires a business(with very little to no purchase cost), how can he structure it to protect himself and retain ownership if his wife goes nuts and decides to bail? Is it possible to retain all ownership if set up properly, or are guys pretty much fricked no matter what?


This exact thing happened to a client of mine, he paid out the arse, there was no way around it.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30384 posts
Posted on 12/10/19 at 2:41 pm to
quote:

Prenup is for shielding assets you already had before the marriage. OP said the business was started after they were already married, so a prenup wouldn't have saved him.


In most states, you wouldn't necessarily need a prenup to protect premarriage assets BUT without one, you have to be much more conscious not to mix and commingle them. Prenups can control both pre and post-marital acquisitions.

Depending on the state a postnup might have worked.
This post was edited on 12/10/19 at 2:45 pm
Posted by jcaz
Laffy
Member since Aug 2014
19267 posts
Posted on 12/10/19 at 2:57 pm to
It’s absolutely insane how a woman can cheat and then decide to leave a marriage and take half of a man’s retirement, assets, and future earnings. Then he struggles and she lives off of him until the next doofus sweeps her up.
I’m so glad there are a few good women out there that believe in hard work and true equality.
Posted by Bjorn Cyborg
Member since Sep 2016
35437 posts
Posted on 12/10/19 at 3:25 pm to
There is nothing wrong with what I described. The husband in this scenario is not a slave and forced to earn money for his ex-wife for life.

The business is worth what it is worth. After that sale, he is free to leave and do as he pleases. If that is start another similar business, then he would be free to do that.
Posted by Martini
Near Athens
Member since Mar 2005
49660 posts
Posted on 12/10/19 at 3:29 pm to
quote:

You’d have to set it up in your name only, keep all expenses and profits documented, then keep all the business transactions in a different bank from your community money.... and thennnn maybeee you could show it was all yours. But honestly, it would be community property bc you had to start it with money that was first, community money. But, now, if you could prove it was started with money you already had before you got married and it was and has continued to be separate? Then maybe.


Yeah business doesn't work like this.
Posted by Martini
Near Athens
Member since Mar 2005
49660 posts
Posted on 12/10/19 at 3:38 pm to
quote:

I despise the fact a man can take all the risk and do all the work then one day a bitch who didn’t do shite can leave you and take all your shite. It’s one thing if you decide to leave or broke your vows, but the fact that she can do that and take your shite is BS. They really need to change how divorce court works to a more common sense approach. If the wife didn’t work and all income was yours then you keep everything and only pay an alimony payment for a few years so she isn’t homeless. If she brought in 25% of income she gets 25% of assets or 25% of valuation of assets. If a business was started on bank loan using your name and credit only she is not entitled to any valuation of that business, only alimony based on what bring home from the business.


Well the flipside to that is regardless she is liable for half the risk. If the husband bellies up she is responsible and in a lot of circumstances even if he dies she's liable.
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5578 posts
Posted on 12/10/19 at 3:47 pm to
quote:

He had about 900k in the bank,

He or the business? If the business had that in the bank then you know why it was valued at a mil.
quote:

Somehow his business was valued at $1 million, and his payout was calculated off that. Problem is, there is no way he could sell it for anywhere near that. It could sell for maybe $100k.


Step one: Shut down business and liquidate
Step two: start new business

I had a buddy that was a contractor and went through a nasty divorce. Wife got half of the construction company. He opened a second company and eventually shut the first one down. I think he still had to pay some alimony and child support but he wasn't sharing profit.
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