Am I entitled to any of my wife's medical practice? 23 Answers as of June 11, 2013

We were married February of 2009. At that time my wife was a partner in a group, she had no employees. April 1 of 2010 my wife left the group and started up her own practice. She has 16 employees. She filed for divorce in February of 2011 for no obvious reasons. Am I entitled to a portion of her practice. Her personal income for the year will be between 700k and 900k. She wanted this divorce over immediately but we don't go to court until September of 2011.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You are entitled to a fair share of all the marital property. At least part of the value of her medical practice would appear to be marital property. But, a "fair share" applies to the total marital property - not each specific asset. Whether she should be required to compensate you directly for a fair share of the value of her practice could depend on what else is in the marital estate. Determining the value of her practice, and the marital share of that value is a complicated process that will probably require a expert business evaluator to be involved. Even if her medical practice is the only asset involved, the methodology for determining if and how you should get anything is far too complicated for you to try to make your claim without the assistance of an attorney.
Answer Applies to: Colorado
Replied: 5/3/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
You may be entitled to a money award at the end of the dissolution process, but not likely a portion of her medical practice. In Oregon, the court will consider the length of your marriage in determining what your wife should have to provide in the form of spousal support or a one time money judgment to you. Since the marriage wasn't very lengthy, you may not be entitled too much. I highly recommend consulting with an attorney. There are many variables in a situation like this, and it is important to understand to what you are entitled.
Answer Applies to: Oregon
Replied: 5/3/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Divorce courts are courts of equity meaning the court is going to do what it thinks is equitable or fair under the circumstances. Without more facts, it is doubtful that you are going to receive any of her practice. If you had significant involvement in the new practice's inception or otherwise facts exist to justify it, then the answer could be different. Stay well.
Answer Applies to: Alabama
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes. The medical practice, as you have described it, is community property. That said, beware, you cannot get half of her services. She is a service provider, so the medical practice is what you can get a part of, but it likely has debts. It is also difficult to value. But if you do not have a lawyer, get one now.
Answer Applies to: Texas
Replied: 5/1/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
It is very doubtful that you would be entitled to any of your Wife's medical practice if you are not involved in a partnership with your Wife in regards to the practice or own a percentage of the practice. However, having said that, if you relied upon your Wife financially during the marriage then you could be entitled to an alimony payment from your Wife. Please contact me to discuss your options further.
Answer Applies to: Florida
Replied: 5/2/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    Yes, you would be entitled to a community share of the practice. In order to determine your share you will need to retain an expert to value the business and the community interests of the business. The court would also look at what efforts were made after the date of separation and what efforts were made before and if any of your wife's separate property funds were used to start the business. Since the community share of a professional practice is often a complex matter in litigation, you should retain the services of an attorney to assist you.
    Answer Applies to: California
    Replied: 4/29/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Any assets acquired during the marriage (except for gifts from 3rd parties and inheritances) would be considered marital property subject to an equitable division between the parties. Therefore, the medical practice would be considered a marital asset. To the extent any of her personal funds she had prior to the marriage were invested in the medical practice, that portion would not be deemed marital property subject to an equitable division.
    Answer Applies to: Georgia
    Replied: 4/29/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Since the business was acquired during the marriage it is community property and you are entitled to one-half of the value of the business. A qualified expert witness should be retained to testify as to the value of the business.
    Answer Applies to: California
    Replied: 4/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    As this is a very short marriage I doubt you will be entitled to that but if her income exceeds yours you may get some monetary award.
    Answer Applies to: Connecticut
    Replied: 4/29/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    Most assets in a marriage are marital property and thus you would have a claim to it. The divorce process is not only complicated, but could be daunting and emotionally challenging. I strongly suggest you hire an attorney; don't wait, mostly there is no turning back.
    Answer Applies to: Virginia
    Replied: 4/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you probably have some right to some part of her practice, although many courts may find that if you didn't put anything into her practice, then you're not entitled to much of it. It would be best if you consult with a matrimonial lawyer right away for further information and advice.
    Answer Applies to: New York
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    More facts are needed to properly answer this question. However, based on the limited info in your question, yes, it is probable that a community interest exists in your wife's medical practice. It would behoove you to contact a local family law lawyer to discuss your case, assuming you have not already done so.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    If you lived in California and your wife started a medical practice during marriage, then the practice would be considered a community asset and you may be entitled to 50% of its value as of the date of separation.
    Answer Applies to: California
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You are not entitled to ownership of the medical practice. However, the value of the practice is a marital asset and, after an appraisal, the value of that business may be divided.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The business, assuming it was started with community funds, is a community business and you are entitled to be bought out of your interest in it. If you are in my area and are looking for an attorney to assist you, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Each party's earnings from his or her labors after the date of separation is that party's separate property.

    Your wife formed her medical business prior to separation, so her medical business would be a community property business, and much of the income of that medical business was likely generated from the labors of its 16 other employees.

    You will likely need to retain an experienced Family Law Attorney and a Forensic Accountant to assert and value your community interest in your wife's medical business.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes you are, but you need a family law attorney to assist you. You can get an agreement now and never have to go to court.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Typically, short marriages such as yours don't give rise to a claim to a substantial portion of the other spouse's personal assets. However, there are other factors that the courts may take into consideration and you would really need to speak to an experienced divorce attorney to determine what may be worth pursuing. In the meantime, you can find some information on property division and alimony on my website.

    If it turns out that it isn't worth pursuing any of her assets, then there are ways to have your divorce heard much sooner than September. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 4/28/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    You may be entitled to spousal support and/or a portion of her business. You should consult with a family law attorney to discuss your options. DON'T just sign on the dotted line without understanding what your rights are!
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes.
    Answer Applies to: California
    Replied: 6/11/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This is a short marriage, but yes, you may be entitled to a portion of the increase in value of her practice. There are several other very important issues to consider, and you should be asking your divorce attorney to explain. If your attorney is unable to answer your questions, well...get another divorce attorney.

    "She wants this over immediately."...certainly she does. She wants to give you nothing, most likely. And she wants things from you.

    Do not agree to that.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Her business/practice should be valued so that is part of the assetsthat are divided. If your attorney is not on top of that, get one that is.Good luck.
    Answer Applies to: Washington
    Replied: 4/28/2011
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