If I’m in the process of a divorce and my husband is opening up a business and future franchising, since we are not legally separated will I be entitled to any of the profit from this business?

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If I’m in the process of a divorce and my husband is opening up a business and future franchising, since we are not legally separated will I be entitled to any of the profit from this business?

My husband moved to another state. We have only been in the judges chambers. My husband keeps making excuses not to come back here due to sickness and not being able to afford it.

Asked on June 28, 2015 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally, if the legal separation is a written agreement it should contain a paragraph that states that future assets and earnings acquired the date of separation are specifically excluded as marital assets.  Read your agreement very carefully.  Good luck to you. 


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