I would be using money that was gifted to me before the divorce and has already been ruled as non-marital property.
Great. The presumption is that the business would be separate too as well. However, it is still highly recommended to get this confirmed by the Court via a motion.
Moving forward - after the divorce is final - in February -but my understanding is it would matter in the future what happens with my business and the divorce (i.e. child support and or alimony payments to me) - if it's outright my profit/income coming to me. Because it will not be consistent at all - I do not want it to be the basis for anything for at least the next 3 years.
If you wish not to have income, all you have to do is to have a corporate structure such as an LLC, S-Corp, S-Corp, etc, and not pay one's self. The money coming into the business would simply sit in the account and/or be reinvested into the business (latter recommended).
This is what I read online: 3. Place the business in a trust. This keeps the business from being counted as a marital asset as you no longer personally own it. The move also protects the value of the company's growth.
Not always true. A trust may be pierced, especially if it is a revocable trust. This step is not always recommended. Everyone is talking about putting a business into a trust nowadays. It is "trendy." But it is not the cat's meow, and often needless.
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