If I have an LLC, can my wife go after my business in court?

The answer is it depends. It depends on several factors. Some of those factors are:

  • Was the LLC created before or after you got married? If it was created before you married, you may have an easier time keeping total control of your company. Things such as expenses of the business or how you pulled out money and used it to pay for certain things may make the business marital property.
  • Did she work for the LLC in any way? This question isn’t always so straight forward. She didn’t necessarily have to work set hours, have a title, or anything like that. If you have children together and she stayed home, her contribution of taking care of the children and the home enabled you to run your business. So, she may have a legal interest in your business.
  • Are you in a community property state? If so, when your LLC was created (before or after the marriage) may play a big role in determining if your wife has any rights to your business.

What you should do is make sure that you have a licensed attorney representing you and the best interests of your business. You should do what you can to create a working relationship with her in the interest of an amicable split of any and all property. If the court determines that she gets part of the business, consider buying her out.

You would probably do well to talk with an experienced corporate attorney to begin to strategize. LawTrades is a legal marketplace that connects people with vetted, on demand attorneys while providing an easy-to-use platform to complete the work. We also offer a service known as LawTrades Micro. With this service, people play a low flat-rate (generally around $25) and they can ask an experienced attorney a question. The attorney will provide a custom answer within 48 hours. Hope this helps!