There is a short and succinct answer to the above-posed headline query for today’s blog post.
And it is necessarily qualified, as such: maybe.
Regular readers of our family law blog at the Wellesley Law Offices of Lisa A. Ruggieri, P.C., are frequently reminded that, where family-centric considerations predominate in law, things can turn complex and nuanced in a hurry.
That is manifestly clear where children are involved, or when ugly allegations of domestic violence rear their head. Carefully reasoned judicial discretion is a commonplace regarding matters like parenting plans, visitation, child and spousal support, adoption, grandparents’ rights, paternity and more.
The point is clear: Multiple and complicated considerations often attach to family concerns in divorce, which often make snap judgments regarding outcomes problematic.
Which leads back to that above question. As noted in a recent family law/business article focused upon safeguarding a business during divorce, there are often — but not always — one or more strategies that can be employed to achieve that goal.
And wanting to secure such protection is eminently understandable, especially for an individual who created a viable commercial entity prior to marriage through creativity and sweat equity.
Maybe a loan using the business as collateral can be taken out, with proceeds paid to the soon-to-be ex. Alternatively, agreement might perhaps be forged regarding the surrendering of assets unrelated to the business, which will result in ongoing viability of the enterprise simultaneous with satisfaction of all equitable-division requirements that have been imposed.
A proven divorce attorney with a wealth of experience in property-division matters can help a client owning a business explore strategies that might reasonably promote best interests and secure optimal results.