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Roger, Attorney
Category: Legal
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I would like to ask an attorney which route is best and my

Customer Question

Hello, I would like to ask an attorney which route is best for me and my husband to take while proceeding with divorce. He has two companies and I worked for both of them. The first one has clients and income, and second one just started in December (with no profits as of yet). My husband wants me to sign a contract through which I guarantee him no interest in the future profits of the second company, while he wants to give me a fixed amount of money per month from those profits (for the work I have done for 2 years for the company and not being paid). However, I want to know if this support should be in the form of an alimony support or commercial contract. Which one has more strength and is enforceable? Also, how about the first company - what rights do I have from it, since I have worked for it for almost 6 years for it? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

As for the agreement, it would be best to make the payments a form of alimony because that would be court ordered....and if he failed to pay for some reason, you could file to hold him in contempt of court to get him to pay you what is due. If you treated it like a contract, you'd have to sue for breach of contract and get a judgment and then try to collect....which is a much longer and more tedious process. So, getting the amount to be in the divorce decree as spousal support would be best.

Expert:  Roger replied 1 year ago.

As for the other company, you'd have an equitable interest in the company if it was created during the marriage.....or if it has appreciated in value during the marriage. In that case, you'd likely have the right to have your interest valued by an appraisal and you could have the court order him to pay you the value of your interest in the company to buy you out.

Expert:  Roger replied 1 year ago.

But, there could be a requirement for some give and take since he's offering you money as alimony from the other company. That would be something that the two of you would have to work out or let the judge decide.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!