How to protect business investment from divorce

[asking]

I am trying to figure out what measures to take before making an investment into a business to protect it if a divorce situation arises later. Our current funds are commingled and there is no prenuptial agreement. What are the options and their advantages and disadvantages? Thank you!

[Attorney Howard Iken]

This is a really BIG question that is beyond the scope of this forum.

A quick observation:

If the investment is made in a personal service business and does not create valuable hard assets - there is no value to divide in a divorce.

Within a divorce, the portion of a company that is personal goodwill is not divisible. In other words, if you are run over by a truck, any business value that disappears is called personal goodwill and is not part of the marital value.

Attorney Howard Iken
The Divorce Center