Business and marriage

While shares in a company may be formally registered in the name of one spouse, those acquired during the marriage are presumed to be jointly owned marital property. As such, even when only one spouse is actively involved in the business, the sale, transfer, or encumbrance of shares generally requires the other spouse’s consent—unless a prenuptial or postnuptial agreement explicitly states otherwise.

Uncertainty surrounding the legal status of shares often creates significant obstacles for business development: it can delay investments, block transactions, and create tension both within the family and in the business environment.

Some spouses attempt to circumvent these legal requirements, but this frequently results in court disputes and claims to restore infringed rights. Courts consider not only the formal timing of share acquisition but also whether the business was developed during the marriage, each spouse’s contributions, joint investments, and income generated. Shares held in one spouse’s name are not automatically considered personal property.

Clearly establishing the legal status of shares is critical—not only in the context of divorce but also for effective business governance. A thoughtfully planned legal structure, including a prenuptial or postnuptial agreement, helps avoid future uncertainty, builds investor confidence, and provides clarity regarding the spouses’ respective rights and obligations.

In divorce proceedings, business assets are often the most complex property to divide, requiring thorough legal and financial evaluation. While it is commonly assumed that a business belongs to the spouse who founded or actively managed it, judicial practice is clear: if the business was developed during the marriage, its value—including profits and any appreciation—is considered marital property. Therefore, the non-active spouse is generally entitled to a share, even if not directly involved in daily operations.

Proper business division requires objective valuation, taking into account not only the nominal share value but also intangible assets such as goodwill, intellectual property, profitability, and growth prospects. When a business was launched prior to the marriage, courts evaluate the increase in value—assessing its worth at the time of marriage and upon divorce.

To ensure business continuity, courts often allocate the company to one spouse while awarding the other a corresponding financial compensation. This approach is typically the most pragmatic, avoiding co-management conflicts that could otherwise paralyze or jeopardize the business.

Business division during divorce involves more than numbers; it requires an understanding of both legal nuances and business logic: how value was created, the revenue generated, and each spouse’s role. Our firm represents business owners seeking to maintain stability and avoid outcomes that could harm future operations. We prepare substantiated claims, conduct business valuations, and support clients in both negotiations and litigation.

Prenuptial agreements are often perceived as instruments for protecting personal belongings or inherited assets. However, for business owners and entrepreneurs, such agreements are critical tools for safeguarding business value, control, and independence.

By clearly stating that shares, business assets, or income from commercial activities belong to one spouse, prenuptial agreements can prevent complex disputes during divorce and improve the business’s appeal to potential investors.

These agreements can be concluded either before marriage (prenuptial) or during the marriage (postnuptial), and may define how the business will be treated—what qualifies as joint or separate property, how investments are handled, and what consequences follow in the event of business sale or expansion. This is especially relevant when dealing with intellectual property, business growth, or intricate partnerships with third parties.

Importantly, a prenuptial agreement is not only a protective mechanism but also a sign of mature accountability. It allows couples to discuss critical issues in advance, ensuring transparency and preserving both their assets and relationship from unnecessary mistrust.

Our firm drafts prenuptial agreements specifically tailored to business needs, covering both standard property clauses and the unique challenges of managing and protecting a business. These are documents recognized not only by courts but also valued by investors and business partners seeking a clear legal framework.