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Premarital property is not generally subject to equitable distribution if the parties divorce. I use the term "generally" because there are some exceptions. The first such exception is if the owner of the business puts his spouse's name on the business which you have not. Therefore, that exception does not apply to you.
The second exception allows part of the business to be distributed if the parties divorce. New York takes the position that the amount by which the value of the business increases during the marriage is considered "marital property" and might be subject to equitable distribution. If you own the business and you can prove that your wife did not do anything to increase the value of the business, and that any increase in its value is attributable solely to your efforts, then the increase in value will not be considered "marital property" and will not be subject to equitable distribution.
If you are contemplating divorce, you should keep some kind of log, almost like a diary, where you make entries as to what you are doing to increase the value of the business on a weekly or monthly basis. That way, you can easily prove that any increase in value is attributable solely to your efforts,
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Hello Andrea thank you for the answer, my wife was a stay at home mom for the entire marriage. How does this help her claim?
She can say that her status as a 'stay at home' person helped you devote your time to the business so that she helped indirectly,
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