Can a soon-to-be ex-spouse get alimony from a start-up business after fillingbut before the divorce is final?

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Can a soon-to-be ex-spouse get alimony from a start-up business after fillingbut before the divorce is final?

I may have the chance to start up a business but I am afraid that my soon to be ex-spouse make try to get alimony or try to take part of business. I filled for divorce 18 months ago with not very many assets or debt. Can he do this?

Asked on August 16, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so you need to speak with your attorney on this matter as soon as possible.  Generally speaking, once you file for divorce or enter in to a legal separation the court takes the date of filing/date of signing as the date that your assets become separate (not your marital assets from before but going forward).  So income earned after the date certain is considered separate property (most of the time; that is not a hard and fast rule.  Say you have a big "deal" brewing before you filed but waited to close the deal until after so it would not be considered marital property.  The court sees through that kind of behaviour).  But if you started to consdier the business way after you filed then I would argeu it is not marital property.  But the status of youtr divorce proceedings count here.  Get help.  Good luck. With everything.


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