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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18588
Experience:  B.A.; M.B.A.; J.D.
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A man was married in Philadelphia and still lives in Philadelphia

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A man was married in Philadelphia and still lives in Philadelphia PA with his wife and three kids. He is thinking of starting his own online tech company with NO help from his wife. For more than a year the husband has been sleeping in separate rooms and only interacts with his wife for meetings, kids doctors appointments. etc.. After 13 yrs. of marriage he wants to file for divorce. What (if any) rights does the wife have to ownership or profits from the online tech co. created solely by the husband (as an LLC) if he starts it while he is still married?
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Question: A man was married in Philadelphia and still lives in Philadelphia PA with his wife and three kids. He is thinking of starting his own online tech company with NO help from his wife. For more than a year the husband has been sleeping in separate rooms and only interacts with his wife for meetings, kids doctors appointments. etc.. After 13 yrs. of marriage he wants to file for divorce. What (if any) rights does the wife have to ownership or profits from the online tech co. created solely by the husband (as an LLC) if he starts it while he is still married?

Response: The business is a marital asset because it was established by the husband during the marriage. Thus, the property would be subject to property division during their divorce. Your marital assets would be equitably divided by the Court if you and your spouse do not come to an agreement as to the division. Equitably does not mean 50/50, but may eventually result in 50/50 after the Court reviews various factors before making the division. These factors include but are not limited to the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party. See Pennsylvania Consolidated Statutes Title 23 Sections 3501 to 3502..

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