Am I entitled to any of my husband's medical practice money in divorce? 19 Answers as of June 02, 2013

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?

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Bruning & Associates, PC
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
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
The Zwiebel Law Firm, LLC
The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
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.
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, 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
    Attorney & Counselor at Law
    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
    Diana K. Zilko, Attorney at Law
    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
    Beaulier Law Office
    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
    David A. Browde, P.C.
    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
    Odin, Feldman & Pittleman, P.C.
    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
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