Moving On After Divorce

Recently divorced couples can find it challenging to buy a new home post divorce, simply due to the intertwined nature of most married couples’ finances. If you’re ready to strike out on your own with a new home purchase, there are several factors to keep in mind. Karen Ann Ulmer, P.C., can be an asset when it comes to managing various elements of divorce, child custody issues, and family law.

Selling Your Property

According to It’s Over Easy, selling a home and dividing assets prior to a divorce is sometimes a prudent move. A division of assets is likely part of your divorce settlement, and as such, you may have proceeds from one house to invest in a new home in the form of a down payment. You want to ensure your current deal is closed and the money deposited in your bank prior to putting a bid in on a new property. Some fluctuations in divorce proceedings and final asset disposition can take unexpected turns, so you want to ensure everything is finalized before moving forward.

Assessing Your Finances

Once your divorce is settled, and your assets divided, you can better assess how much of a new home you can afford. A mortgage lender will look at your annual income, your credit, the amount of money you have available for a down payment, your monthly expenses, and then help you determine your best options. According to Bankrate, you’ll want to explore several different loan options before identifying the one that best meets your needs. Much will depend on the current average APR. Remember, you don’t want to overextend yourself, and if you’re paying for a home on your own, you may want to find something smaller than what you jointly owned with your previous spouse.

Finding The Perfect Home

Getting settled into a new residence is a healing move that can help you embrace your new independent life. In addition to cost, give careful consideration as to the size and location of the homes you look at. You may decide to stay close to your former spouse if you share children, or stay in a particular geographic region if your children are in a school district you want them to maintain. You can start your search online, and a qualified real estate agent can help you narrow the focus, tour properties of interest, and make an appropriate offer.

While divorce marks the end of one part of your life, it also opens the doors to new opportunities and the chance to gain independence and embrace a new way of living. Allow yourself time to get settled into your new home, make it uniquely yours, and embark on your next phase of life.

Karen Ann Ulmer, P.C. is home to experienced attorneys who handle divorce and child custody, wills and probate, real estate, law, and other complex legal problems. Visit the site today to learn more and reach out via email or phone for a confidential consultation.

Moving on after divorce
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The Best Way to Work With Your Divorce Attorney

A divorce attorney will help you start your post-marriage life. Whether you’re facing a difficult time because your spouse wants revenge or your split will be amicable, there are some rules for successfully working with your attorney no matter your situation. Here in our Langhorne office, we help clients in Bucks and Montgomery counties successfully divorce by establishing an excellent working relationship.  

Tell Her Everything

You can’t keep secrets and expect effective representation. Your attorney can only properly prepare your case when she knows everything about your marriage, even the things you don’t like to tell yourself. It could be tax evasion, physical and emotional abuse, or extramarital affairs. Surprise is the last thing an attorney wants to feel in the middle of a divorce case.

Have Your Finances in Order (or the Paperwork at Least)

Whether you’re a financial whiz, completely reliant on your spouse to manage your finances, or somewhere in between, you must find all the details of your marital, financial life. Your assets and debts will be divided as part of your divorce. We need to know what the two of you have before it can be fairly split. If you don’t fully grasp all the financial issues in your life, you must get documentation of all that’s going on. After we get that, we can help you piece everything together.

Know Your Goals – Keep Your Pension, the Beach House?

Your divorce is unique. It’s driven by the facts, the law, and what you and your spouse agree upon. You could go to trial over who gets what and how much. But the vast majority of cases end with a settlement agreement. Before negotiating, we must know what’s important to you and what your priorities are. What are the needs you must have? What are the wants you’re willing to sacrifice?

Be Realistic. Both Parents Have Rights to Time With Their Kids. They Have the Right to a Relationship with Both Parents.

Unless your spouse has serious problems with violence, mental health, or drug abuse, they will at least have time with your kids if not share custody with you. If you think spending time with your spouse isn’t in your children’s best interests, you need strong, compelling evidence to win the issues. Barring that, both parents must compromise and make your post-marriage family relationships work.

Put Other Support in Place

Divorce is often highly stressful and emotional. The expected lifelong relationship is ending. Your financial health may be at risk, and your children don’t understand what’s going on. If you have supportive, helpful friends and family members, rely on them. Professional emotional help can also be a crucial part of the support system for you and your kids. Don’t go through this alone.

Get the Help You Need From an Attorney You Can Trust

Contact Karen Ann Ulmer, PC, if you have questions or need representation. Call our office at (215) 608-1867 to schedule a consultation. We can speak over the phone, via teleconference, or meet in our Doylestown or Langhorne office.

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When Parenting Plans Don’t Work

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Though a court order ends your marriage and makes your divorce official, it won’t end your relationship with your ex-spouse if you have kids. As part of your Montgomery County divorce, we will negotiate a parenting plan for you and your spouse that will set the standards for communications and schedules. The parenting plan sets a schedule for when your kids will be with whom and who is responsible for doing what to make it happen. Problems are common, whether that’s because, as a practical matter, the plan doesn’t work or one parent is intentionally trying to sabotage it.

A parenting plan usually is negotiated between the parties as part of the divorce settlement. A judge could decide the plan and make it part of the divorce order if a case goes to trial. It spells out the schedule for when children will be with each parent, transportation issues, vacation and holiday schedules, and what to do if problems arise. If difficulties come up and parents can’t find a solution, the judge decides the resolution.

Happy Holidays or Holidays from Hell?

Holidays can be incredibly stressful when parenting plans go sideways for a divorced family. Holidays are times when not only does a parent spend time with their kids, but extended families often get together. If the other parent is not living up to their end of the bargain by not allowing the children to be there or being late when delivering them, feelings can get frayed.

The Only Constant is Change

Another ongoing problem can be constant or unexpected changes. Both sides should comply with the plan in good faith. It’s a problem if one parent isn’t organized enough to follow the plan or just doesn’t care if the other parent is inconvenienced. Emergencies and unexpected problems can happen, but disruptions should be the exception, not the rule.

Parenting Plan Issues are Just the Beginning

Problems following the parenting plan can be a symptom of a bigger issue – a lack of respect. Your ex-spouse may be consistently late in picking up your kids or bringing them back and couldn’t care less about the impact on you. Making issues out of a parenting plan, along with alienating your children from you and disputing child support, could all be part of an overall strategy to make you miserable.

We Need to Resolve the Issue or Take It to Court

If a solution isn’t negotiated, we may need to go to court. We’ll tell your side of the story with evidence. You must document everything as best you can. That means taking notes, keeping copies of emails or texts, taking photos, and making videos.

Get the Help You Need From a Lawyer You Can Trust

Call Karen Ann Ulmer, PC, if you need help with your parenting plan, whether that’s questions that need answers or legal representation. Call our office at (215) 608-1867 to schedule an online consultation. We can speak via teleconference, over the phone, or meet in our Langhorne or Doylestown office.

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Getting Divorced After This Holiday Season

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You survived the holidays and are now getting ready to divorce. We understand that you waited through  “The Most Wonderful Time of the Year,” to take action. It was a long holiday season and now you are ready. Many couples wait to start the process and give their children one more happy holiday season. We know it was hard and the split will be difficult. Divorce can be difficult, particularly when you have small kids. 

Karen Ann Ulmer, PC, helps clients divorce and end relationships in the best way possible. Starting off the new year may be the best time for you to begin a new life by freeing yourself from a marriage that’s not working. If you need help with a divorce, call us at (215) 752-6200

Make a Resolution to Change Your Life for the Better

Many of us have New Year’s resolutions. Yours is to live a better life that benefits you, your children, and in the long run, perhaps your spouse. Divorce can be amicable, with both sides acting like adults and creating new lives.

But starting your divorce can be dangerous if your spouse is narcissistic, controlling, or violent. How you start the process depends on the nature of your relationship. You may want to be open about it, prepare for it in secret, or leave your home to be as safe as possible.

Where Do You Start?

There are many “little” but essential things you must do to gear up for a divorce and “big” things as well. They go to the heart of what you want to do with the rest of your life:

  • What type of child custody do you want?
  • What are your priorities moving ahead?
  • Do you want to keep your current life as intact as possible, just without your spouse?  Or is it time for a different direction?
  • Do you want to move?

Here are some suggestions to start your 2022 divorce plan:

  • Call our office. There’s too much at stake to get a divorce without an attorney. Financial and family issues, if they’re not handled properly, could haunt you the rest of your life.
  • Get your financial information in order. You’ll need to document your family’s incomes, liabilities, debts, and assets. That means organizing documents, making paper copies, or scanning and uploading them onto secure, online cloud storage.
  • Get a new email address and rent a post office box. This will allow you a safer, more secure way to communicate with your attorney. You may want to get another smartphone and keep it secure to prevent your spouse from installing malware that may grant access to your emails, text messages, and internet activity.

Get the Help You Need From an Attorney You Can Trust

Call Karen Ann Ulmer, PC, to start the process today. Do you have questions or need representation? Call our office at (215) 608-1867 and schedule a consultation online. We can speak over the phone, via teleconference, or meet in our Doylestown or Langhorne office.

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Four Ways to Make Divorce Easier on Yourself

Divorce can be stressful, but you can take steps to make it easier. You can’t control your spouse, but you can control your reaction to the process and to the times when issues or people become difficult. The attorneys at Karen Ann Ulmer, P.C., know the law and what you’re going through. We support our clients every step of the way and can help you make the process a bit easier on yourself:  

  1. Stay organized

There are many documents, dates, and deadlines during the divorce process. Avoid the stress of missing documents or playing catch up after passing deadlines. If you control your schedule, you won’t lose control of your life. 

Use an online or paper calendar and buy some folders. If you’re more computer-inclined, scan your important documents and organize them electronically. If you don’t want your spouse snooping on your material, protect your laptop or computer with a password.

  1. Be on time

You have enough stress in your life. Being chronically late will cause you, and those who rely on you, problems. Those rare times you must be in court, you must be on time. We should get there early so we can go over your case and have time to take a breath or two. A court appearance will be stressful enough for you, one that’s late will only be worse. It also sends the message that you don’t respect the court’s time or that of your spouse or the attorneys involved. That is not a message you want to convey.

  1. Lock down your social media

Your spouse and their attorney can read everything you post on social media. There are no secrets online, so it’s best to stay away. Let your friends and followers know you care, but that you need to step away for a time, then unplug. If you have good friends you trust, talk to them in person or on the phone. If necessary, get help from a mental health professional to help you cope.

  1. Your child has another parent

Your child has the right to enjoy a relationship with both parents and ideally, the issues that drove you and your spouse apart are not child-related. However, if you cannot reach an agreement regarding your children, a judge will make decisions for your family which are binding. We help our clients work with their soon-to-be-ex (or ex) to ensure reasonable agreements are in place. You both love your children. Do the best you can with what you have until permanent arrangements are made.

Get the Help You Need From an Attorney You Can Trust

Given all you’ve heard about divorce, you may fear getting one. It’s a manageable process that we’ve helped hundreds of others get through. Have questions about divorce or need legal representation? Call our office at (215) 608-1867 or book a consultation online now. We can speak over the phone, via teleconference, or meet in our Doylestown or Langhorne office.

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Parental Alienation Syndrome

When parents are going through a contentious divorce in Bucks or Montgomery counties here in Pennsylvania, great care must be taken to ensure the children are not “put in the middle.” One common issue is parental alienation. Children subjected to emotional blackmail by one or both parents may suffer from parental alienation syndrome. These supposedly loving parents try to turn their children into pawns in the divorce. Not only will a parent harm their own interests trying to do this, but they may also cause long-lasting emotional harm to their kids.

Karen Ann Ulmer, P.C., represents families in Bucks and Montgomery counties. Parental alienation is an issue that, sadly, we see too often. We help our clients deal with manipulative spouses and make sure courts know the damage they’re inflicting on their children. Contact us today so we can discuss parental alienation and share how we can help.

What is Parental Alienation Syndrome?

Parental alienation syndrome happens when a parent tries to turn a child against the other parent, according to Psychology Today. This attempt at estrangement can be seen as seeking revenge and trying to settle scores, and can inflict pain on the other parent.

This can happen when the parent criticizes, blames, or lies about the other parent to the child. They may try to prevent the child from spending time with the other parent and tell the child they can either love them or the other parent, not both. The alienating parent may also seek the help of other family members to split the child from the other parent.

Who Might Be More Likely to Alienate Their Child From the Other Parent? 

A narcissistic parent would be more likely to play harmful games with their child to punish the other parent. They don’t have empathy for others and they focus on themselves, their feelings, and their beliefs. They build themselves up by tearing others down. While claiming to protect the child, they inflict harm.

What Are the Legal Implications? 

A parent alienating a child from the other shouldn’t have legal custody. Pennsylvania statute emphasizes having both parents in a child’s life within limits. There are 16 factors to be considered by a judge deciding who should have what kind of custody including:

  • The attempts of a parent to turn the child against the other parent
  • Which party is more likely to encourage and permit frequent and continuing contact between the child and another party

What Can You Do?

Tell us what’s happening. Your spouse is harming your child and that must end. We can file motions with the court asking that time with the child be supervised or eliminated.

Talk to your child. Tell them if the other spouse says bad things about you, they should get your side of the story. Don’t start bashing the other parent in response, or you may be accused of doing the alienating.

Get the Help You Need From a Lawyer You Can Trust

If you have any questions about or need representation in a child custody or divorce matter, call us at (215) 608-1867 or schedule a consultation online now. We can speak over the phone, via a teleconference, or meet in our Doylestown or Langhorne offices.

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Divorcing a Narcissist

Congratulations! You’ve made a very wise choice by divorcing a spouse who’s a narcissist. Life is too short to spend your time with an abusive spouse. Expect that your spouse might try to make the divorce as painful as possible and expect us to strongly defend your rights and ensure you’re treated fairly by the court no matter what.

Here in Bucks and Montgomery counties, the attorneys at Karen Ann Ulmer, P.C., could take many approaches to your divorce. We will work with you to develop the right strategy, which is especially important when dealing with a spouse who will do all they can to make your life difficult. Contact us today so we can discuss your situation and share how we can help.

What is a Narcissist? 

Narcissistic personality disorder, reports the Mayo Clinic, is a condition where the person has an exaggerated sense of their importance, a need for attention and admiration, and a lack of empathy for others. The person has fragile self-esteem and is very sensitive to the slightest criticism.

The person may:

  • Become angry and feel slighted if they don’t get special treatment
  • Have severe problems with relationships
  • Show rage or contempt and belittle another person to keep an appearance of superiority
  • Have difficulty with or be unable to regulate their emotions and behavior
  • Be unable to deal with stress and adapt to change
  • Feel depressed when they are imperfect
  • Feel insecure, ashamed, vulnerable, and humiliated

How Did I Stay Married to a Narcissist?

Every relationship is unique. Your spouse fulfilled whatever wants and needs you had until the point you had enough of their negative traits and behaviors. Narcissists can be charismatic, charming, and fascinating early in a relationship and whenever they want to turn on the charm. They can be popular for a time until friends and co-workers see their other side. Maintaining long-term relationships can be a challenge for them, reports an article in Psychology Today.

Narcissists tend to play mind games to exert power over their spouses and reinforce their independence. They can be very good at maintaining an emotional distance but engage more deeply when they feel they have something to gain. A narcissist may have many short-term relationships (in which they exploit the other person) but be incapable of what’s needed for a successful long-term relationship – intimacy and emotional connection.

How May Narcissism Impact a Divorce? 

Another Psychology Today article warns those divorcing a narcissist of what may lie ahead:

1. He or she must “win” and be proven “right”

They will see themselves as victims, no matter the facts to the contrary, and may have little or no interest in negotiating a settlement. If there are negotiations, expect “low ball” offers, stalling, and a lack of good faith. Your spouse may want a trial to use the courtroom as their stage where they can tell the story of how abused they are and how evil you are.

You may face a “scorched earth” strategy to satisfy your spouse’s need for revenge. While most parties will avoid outrageous claims and stunts because it may harm the couple’s children or others might react negatively, that’s not true of narcissists because they don’t care how others feel. They just want to win, no matter the cost.

2. Your spouse wants you to give up

Narcissists love games and winning because it’s one of the few things that make them feel good. A symbolic trophy may be your giving in to their demands. Many of them will be petty, so it may be worth small sacrifices to move the process forward.

3. As many games as possible will be played

Studies show narcissists maintain power in relationships by keeping others off balance. If they have the resources and a cooperative attorney, there could be many court filings, and your spouse could be a charmer in the courtroom. Expect obstruction, chaos, and a desire to drive up your costs as much as possible, including disputes and litigation after your divorce is final.

4. A trial will make your spouse feel powerful

As bad as they are at maintaining them, narcissists need relationships to feed their needs. Your relationship will continue as the divorce drags on. Expect lies and negative information to hurt you and to make themselves look superior. Your spouse may rather be hated than have you feel indifferent.

Get the Help You Need From an Attorney You Can Trust

Over the years we’ve dealt with many narcissist spouses. We know how they treat our clients and the divorce process. Part of our strategy to protect your rights and interests is to be proactive and strongly discourage the game-playing and abuse that can make a bad divorce situation worse. We will deal with your spouse as much as possible, so you won’t have to.

If you have any questions about divorce or need legal representation, call our office at (215) 608-1867 or book a consultation online now. We can speak over the phone, via a teleconference, or meet in one of our offices in Doylestown or Langhorne.

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Back to School – Who Makes the Decisions?

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A child’s education has lifelong effects. If you’re divorced or separated from the other parent, you may not agree on how to handle your child’s education. You must resolve this issue between yourselves with the help of an attorney, or a judge in Bucks or Montgomery County may need to make the decision.

Karen Ann Ulmer, P.C., is a team of lawyers and staff in Pennsylvania and New Jersey. We have significant family law experience and have worked hard to build a law firm that can address your child custody needs, including disputes over your child’s education. If you have any questions or need help, call us at (215) 608-1867, book a free consultation online now, or contact us by email.

Parents usually make educational decisions about their kids. If parents are divorced or never married and had their parental rights formalized in court, a judge decided who has legal custody. This includes the ability to make important decisions for the child regarding such issues as education. In most cases, legal custody is shared by both parents. In relatively rare cases, a parent may give up their parental rights, or a judge decides it is not in the child’s best interests for a parent to have any legal custody.

Educational Issues That Can Split the Two Parents

If the two of you agree on issues, it’s not a problem. But if your child’s life is complicated and as more issues come up, there are more opportunities for disagreement:

  • Your child may have learning disabilities or other special needs. Your child will need more help from his or her school, but the school may not want to provide it. Parents may disagree on whether the child should attend another school or get private tutoring.
  • Your child may be gifted and have their own needs to be successful. Your child’s learning opportunities and how hard they should be pushed to excel can lead to disputes.
  • There can be public, private, and religious schools in the area. One parent may prefer one, the other parent may want the child to go to another.
  • Education can be part of a dispute when one parent wants the child to move with them away from the area. The child would attend a new school and the other parent may believe that is not in the child’s best interests because their education and friendships would be disrupted.
  • An athletically gifted child can present challenges. A parent may want the child to stay back a grade to perform better in sports at school. A private school may have a better athletic program, so one parent wants the child to transfer, while the other disagrees and doesn’t want to pay half the tuition.

If you can’t agree on important educational issues, Karen Ann Ulmer, P.C., can represent you to help negotiate a decision both parties can accept. If not, these issues can be litigated and eventually decided at a trial. But that’s an expensive, time-consuming option that should only be used for very serious issues critical to your child’s success in school.

Your Attitude Toward Your Child’s Education Can Impact Your Child Custody Order

If you’re thinking about divorce or considering getting a child custody order, or one is already in place, you must think about your child’s education and your role in it. One way to show you should keep or be given shared or sole legal custody is to be actively engaged in your child’s education. Communicate with the teacher, attend meetings, and actively address problems as they come up. If you’re not interested in your child’s schooling and are indifferent to their success, it can be used against you by the other parent. They might argue that you having legal custody of your child is not in the child’s best interest so it shouldn’t be granted or it should be taken away.

Get the Help You Need From an Attorney You Can Trust

If you have questions about child custody or need help enforcing or changing a custody order, call our office at (215) 608-1867 or book a consultation online now. We can speak over the phone, via a teleconference, or meet in one of our offices in Doylestown or Langhorne.

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Gray Divorce – Ending a Marriage Later in Life

America’s population is getting older, and older couples with longer marriages getting divorced are more common. If you no longer feel marriage is right for you, you should consider a divorce no matter your age or the length of your marriage.

Karen Ann Ulmer, P.C., represents clients over 50 years of age in divorce and related family law issues. We know these divorces involve unique problems, and we are sensitive to our clients’ wants and needs. We will protect your rights and negotiate a fair settlement that allows you to move on with the rest of your life in the best position possible.

There are No Age Limits on Divorce

Some older married couples grow apart as time goes on. Their emotions towards each other may weaken or turn negative. Spouses may have more health issues and a limited income, increasing the stress on their relationship.

A spouse may look to the past and feel disappointed. Their life, including their marriage, hasn’t turned out as they planned. They understand better than most of us that time is limited, and changes must be made if they want to live the life they seek. One of these changes may be ending their marriage.

The COVID-19 pandemic has shaken many of us, giving us a greater appreciation for the fragility of life and our health. Increasingly, people unhappy with their jobs aren’t returning. The experience may also leave some older, dissatisfied Americans to decide they no longer want to put up with a relationship that no longer works for them. Many marriages limp along “for the sake of the children” but after the children grow up and spouses are older, they may want a divorce for their own sake. 

Is it the Right Time to Divorce?

In some ways, it’s a great time to divorce. If the marital home must be sold, real estate prices are at historic highs while interest rates are at historic lows. If you’ll return to the workforce, employers are raising wages and improving working conditions to attract job applicants.

Many more women own businesses and earn higher incomes than in the past, but a divorce can be a financial blow to both spouses. The greater your wealth, the better off you’ll weather this storm, no matter your age. Whatever your losses, younger people generally have more time to earn and save money to make up for the money spent and assets transferred during a divorce. If you’re at or near retirement age, that can be a lot harder to do.

Divorce and Social Security

Generally, men earn more than women, but given the division of marital assets and the possibility of spousal support, the post-divorce picture should be more even. If you haven’t worked much or earned less income than your spouse, another way to cushion the blow might be Social Security payments based on your spouse’s work history.

If you are 62 and divorced from someone who’s entitled to Social Security retirement or disability benefits, you might be eligible for benefits based on your ex-spouse’s work record, according to the Social Security Administration:

  • You’ll be eligible if your marriage lasted for 10 or more years
  • If you remarried, you can’t go this route unless your subsequent marriage ended by annulment, divorce, or death
  • If you’re entitled to benefits based on your own record, you’ll get whichever is higher, benefits from your own history or from that of your ex-spouse
  • You may apply for benefits based on your former spouse’s record even though he or she still works, if you’ve been divorced at least two years before applying
  • If you wait until full retirement age to apply for Social Security benefits as a divorced spouse, your benefit will be half of your ex-spouse’s full benefits

How an Older American Without Health Insurance May Find Coverage

Healthcare coverage is a major concern for those getting divorced. That’s especially true for older couples who may currently, or in the future, suffer a chronic medical condition. If both spouses are covered because one works and qualifies for a healthcare benefit, the other spouse will lose that coverage when the divorce is final (unless you qualify for COBRA benefits, extending your coverage for up to three years, if you can afford the payments).

Another way to get coverage can be an Affordable Care Act (or Obamacare) plan. There’s mixed news if you seek coverage this way. Premiums are partially based on your age, so the premium for someone older may be much higher than one for a young American. But premiums are also partially based on your income (which won’t include alimony if you haven’t divorced yet), so it makes health coverage more affordable if you’re not making much money.

Get the Help You Need from an Attorney You Can Trust

If you are considering divorce or have decided it’s the right choice for you, call our office at (215) 608-1867 or book a consultation online now. It’s never too late to start a new chapter in your life. We can speak over the phone, via a teleconference, or meet in one of our offices in Doylestown or Langhorne.

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How Will Your Divorce Impact Owning a Business?

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If you own a business, or your spouse does, and you plan on divorcing, it is potentially a big issue that must be addressed.

Marital property is usually divided during a divorce. That can be done through an agreement by the spouses or a judge’s order if no agreement is reached. That marital property can include ownership in a business. 

Every divorce and business is unique and how it’s handled in your case can vary depending on your circumstances.   

Karen Ann Ulmer represents clients who are ending their marriages. Her divorce practice can help you whether you, your spouse, or the two of you own a business. Dealing with this issue can be very stressful and emotional, but it doesn’t have to be that way. If you have any questions, call us at (215)608-1867.

Issues Outside Divorce Law May Determine What Happens to the Business Ownership

Different agreements can impact the division of business ownership in a divorce:

  • Ownership: If it’s a small business with more than one owner, there should be an agreement between them. It should clearly spell out what happens to the divorcing partner’s share. It could state that their share needs to be sold to the other partner(s) at a given price or the price may be calculated based on the company’s value or some other calculation.
  • Partnership agreements: If there was a partnership agreement in place before the marriage, it may have required that a prenuptial agreement be signed specifically stating how the non-ownership spouse will be compensated (or not) should the marriage end in divorce.  
  • Pre or post-nuptial agreements: Before or during the marriage, a couple may have agreed on financial matters if they get divorced. How business ownership would be handled may be part of that agreement.  

If you and your spouse both own a business, you need to decide if you want one or both of you to sell your interests. If the divorce is amicable and you both feel you can work together, you can both keep your interests and see if you can work it out. However, the details of this arrangement, including what happens should a spouse want to cash out, should be clearly spelled out. It is important to remember that you are divorcing for specific reasons and working together may be very difficult. We recommend giving this a trial run with very detailed scenarios detailed in agreements to protect the business and both spouses in the future.  

How Should the Business Ownership Be Divided?

Marital assets (generally what the couple obtained during their marriage) are supposed to be split equitably or fairly under state statute 23 Pa.C.S. § 3502(a). If one spouse has an ownership interest in a business, it could be split with the other based on the following factors:

  • The length of the marriage
  • The age, health, income, vocational skills, employability, estates, liabilities, and needs of each party
  • The contribution by one party to the education, training, or increased earning power of the other
  • The opportunity for each party to acquire capital assets and income in the future
  • The income sources of both parties, including insurance or other benefits
  • The contribution or lessening by each party of the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as a homemaker
  • The value of property set apart to each party
  • The parties’ standard of living established during the marriage
  • Each party’s economic circumstances when the property will be divided
  • How taxes and costs impact the property division
  • Whether the party will be the custodian of any dependent minor children

Either through an agreement or court order, it would be decided if the business ownership is marital property to be divided, and if so, by how much and how that would be accomplished.

How Might This Play Out?

A common outcome is the value of the ownership would be determined and the party owning it would pay the other spouse for their share. That payment could be in cash or as part of a larger asset agreement. If the husband owns the business and must pay his wife $100,000 for her share of ownership, he could give up claims to $100,000 worth of other assets (cash, investments, share of the house, vehicles) which would go to the wife to satisfy what’s owed.  

It is also common for this amount to be paid out over time so the business can remain solvent. However, we recommend putting safeguards in place in case the business is sold or starts to encounter financial trouble. Both the paying and receiving spouse need to be protected.  

Get the Help You Need From an Attorney You Can Trust

Whether you, your spouse, or the two of you together own a business and want to learn more about how a divorce may impact you, call our office at (215) 608-1867 or book a consultation online now. We can speak over the phone, via a teleconference, or meet in one of our offices in Doylestown or Langhorne.

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