KWERY:
I’ve been married for 20 years, and have my own business. I had the business before we got married, but I’m concerned that my wife in our divorce is going to get half of my business. Is my concern reasonable?
RESPONSE:
Generally speaking, for a business that existed prior to a marriage, your wife is only entitled to a share of the increase in value (if any) during the marriage. That is under the assumption that the interest in the business is an active asset (generally one in which you make a significant contribution). The percentage that your wife will get will vary dramatically based on jurisdictions as well as whether or not she contributed in any way to that business.
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