Starting a business/LLC as a "Single" guy

[travisbroadwate]

What is the name of your state? West Virginia

Ok, here is my question. I want to start an LLC (I think), and I want to be sure that in the future I do not lose any portion of this LLC in divorce. I am currently a "single" man, but the possibility of marriage is a good one within the next 2 years.

What is my BEST option for safe-garding myself against a future spouse trying to take assets of the LLC 10 years down the road. If the LLC is made PRIOR to marriage, is it not considered to be hers?

If I name myself and my mother as the only 2 board members now and then get married, what interest does my new wife have in the LLC? If we were to ever split up, would she be entitled to half of my half? Half of the whole? Does it make a difference if I name my mother as the manager?

I read these forums often and I am just trying to avoid a mistake it seems many have made before me. I am hoping there is a way to do such a thing legally since I am going about it BEFORE I am even Engaged. Thanks in Advance.

 

[seniorjudge]

Make sure that you keep everything (and I mean everything) that has to do with the LLC separate.

Separate bank account, separate account, separate lawyer, etc.

There's no guarantee that somewhere down the road someone could get an interest in your business, but that's life.

You may also want to consider a prenuptial agreement: both you and your future spouse each need separate lawyers. But even a prenuptial agreement can go down the tubes if you stay married long enough.

 

[travisbroadwate]

Thanks Judge,

I am really hoping to avoid a prenuptial agreement as I know that will not sit well with my future bride. I am not trying to unfairly cut her out of anything, I am simply trying to protect a business with assets that she will NEVER contribute to.

I still have some research to do but as I stated in my first post I am in the process of starting an LLC. I WILL have separate Bank Act's, Tax ID # (I assume I can get when I start LLC), and lawyer I have not worked with previously. My name will still be listed as "owner", there is no way around this really, so my question is will that simple fact give my future wife stake in the company via marrying me? Would it make a difference if I have a "silent partner" (my mother). Does this change or effect what my future wife might be able to take from me? (Just half of my share? Half of the whole?)

What is the best type of lawyer to contact to get state specific answers to my questions. How do you suggest choosing an attorney since I will be choosing a new one for this venture to keep it COMPLETELY separate from anything my future wife and I may be involved with together.