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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118688
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My friend is getting a divorce and her husband is starting

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My friend is getting a divorce and her husband is starting a new company. 20 year marriage all other companies have failed. She put 50,000 of her 401k into his failed companies, now he has one that might succeed. Is it legal for her to get a % of his future profits for a specified period of time if he agrees to this. Now he is saying he will take care of her but does not want to be specific. She wants something specific in the judgment. They are doing this pro se. He claims investors will shy away from the company if he gives a share of his profits to his ex-wife. What is her legal position here? Why would investors shy away, he is only sharing his share of the profits?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, if he started this company during the course of the marriage, she would be entitled to her marital share of the company he starts during the marriage, especially with her having financed other business ventures during the marriage. She can make him buy her out for her marital share of this company.

It would not scare away investors if she is only getting part of proceeds from the company and has no controlling interest in the company. Because there are business interests involved here, she really should get an attorney involved and should not be trying to do this herself because if she makes any errors here it could permanently cause her to lose her rights to the assets.

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