Am I entitled to any of my husband's medical practice money in divorce? 17 Answers as of November 28, 2011
My husband of 11 years joined a medical practice with 1 physician a few months before we got married. After we were married, he paid a very large amount of money to become a full partner. Am I entitled to that buy in a divorce?Free Case Evaluation by a Local Lawyer!
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Bruning & Associates, PC | Kevin Bruning
It is very likely that you will be entitled to receive a distribution of property related to the value of your husband's interest in his medical practice.
Answer Applies to: Illinois
Replied: 11/28/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
It is not possible to answer your question based on just the information that you've provided. (You actually would not be able to provide enough information online to formulate an answer to this question.) However, this is the type of issue that makes hiring an attorney advisable. You need to meet with an attorney to discuss your arguments in support of, and your husband's defenses against, this issue.
Answer Applies to: Georgia
Replied: 11/23/2011
Serbinin Law Firm LLC | Igor Serbinin
The appreciation of your husband's share in his practice is martial property subject to equitable distribution during divorce. It does not matter that he joined the practice before your marriage.
Answer Applies to: Colorado
Replied: 11/18/2011
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
This question requires more facts. The length of the marriage could be helpful in deciding what marital property you could receive. I would consult an attorney to be advised of any property rights you may ask for in a divorce. Keep in mind anything used for the benefit of the marriage gets included in the marital pie. That pie is what will be diced up absent any prenuptial agreements.
Answer Applies to: Alabama
Replied: 11/17/2011
Ruiz Law Group, P.C. | Frances Ruiz
You are entitled to the assets accumulated during the marriage.
Answer Applies to: New York
Replied: 11/17/2011
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
The value of your husband's interest in the medical practice should be determined as an asset in the divorce. You would receive a one-half interest as his medical practice is a marital asset, unless you signed a prenuptial agreement or other marital property agreement waiving the interest. Often a forensic accountant is used to determine this type of value, however there are other ways to determine the value and you will want to know all your options. This can be a complicated process and you should seek assistance of an attorney to assist you in determining the value of your husband's share of the medical practice.
Answer Applies to: Wisconsin
Replied: 11/17/2011
Ashman Law Office | Glen Edward Ashman
Probably, and you definitely need a lawyer.
Answer Applies to: Georgia
Replied: 11/17/2011
Glenn E. Tanner | Glenn E. Tanner
All property is divided equitably and fairly. See an attorney already.
Answer Applies to: Washington
Replied: 11/16/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You are entitled to equitable distribution, which can include assets like a professional practice.
Answer Applies to: New Jersey
Replied: 11/16/2011
Goldberg Jones | Zephyr Hill
You will most likely be entitled to half the community property value of the business. Not just the "buy in" which I assume is a much smaller value. Determining that value of your interest is very complicated and will require an expert in forensic accounting. Get yourself a good attorney.
Answer Applies to: California
Replied: 11/16/2011
David A. Browde, P.C. | David Browde
Quite possibly. You need to discuss the situation in detail with a local divorce attorney to be certain.
Answer Applies to: New York
Replied: 11/16/2011
Attorney & Counselor at Law | John Hugger
Any assets acquired during the marriage are presumed to be marital assets, as are any and all earnings of either party during the marriage.
Answer Applies to: Colorado
Replied: 11/16/2011
Odin, Feldman & Pittleman, P.C. | Richard A. Gray
In Virginia: It depends if he used any marital funds for the buy-in to become a full partner after the date of marriage. The initial joining of the medical practice, if he obtained any ownership share at that time, would be a pre-marital asset. Virginia is what is called a tracing state. If your husband can trace all of the investment in the medical practice to premarital or separate funds, then it would be his separate asset (assuming you did not work in the medical practice with him, say as an office manager, front desk or other investment of time and energy (sweat equity) that could be argued enhanced the value of the medical practice.
Answer Applies to: Virginia
Replied: 11/16/2011
Beaulier Law Office | Maury Beaulier
An asset acquired during the marriage is considered a marital asset. Although you cannot be awarded an ownership interest in a medical practice, that practice can be valued and any increase in value during the marriage can be factored in to the property settlements of the parties.
Answer Applies to: Minnesota
Replied: 11/16/2011
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Not an easy question because there are a lot of factors to look at, but essentially if there is any community property interest in the practice, then you would reasonably have a right to half of that value.
Answer Applies to: California
Replied: 11/16/2011
