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Estranged spouse: legal claim to new company profits?

  • 01-05-2018 7:56pm
    #1
    Registered Users, Registered Users 2 Posts: 977 ✭✭✭


    asking for a friend....:)

    He and his spouse parted company almost a decade ago.
    There is no legal separation or divorce in place, so in the eyes of the law, they are still married.
    He hopes to start a new business venture and wonders if his estranged spouse can decide she would like to benefit financially from his new venture?

    Any advice would be very much appreciated and passed on to him immediately...


Comments

  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    8valve wrote: »
    asking for a friend....:)

    He and his spouse parted company almost a decade ago.
    There is no legal separation or divorce in place, so in the eyes of the law, they are still married.
    He hopes to start a new business venture and wonders if his estranged spouse can decide she would like to benefit financially from his new venture?

    Any advice would be very much appreciated and passed on to him immediately...

    Does he pay maintenance to either her for herself or in respect of children?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    8valve wrote: »
    asking for a friend....:)

    He and his spouse parted company almost a decade ago.
    There is no legal separation or divorce in place, so in the eyes of the law, they are still married.
    He hopes to start a new business venture and wonders if his estranged spouse can decide she would like to benefit financially from his new venture?
    Well, of course she can decide that. The question is whether she can succeed.

    The answer is "possibly". She can go to court looking for maintenance, or for an increase in any maintenance she is already getting, or for other financial/property adjustment orders. The court will look at all the relevant facts and circumstances, including the fact that they have been separated for some time, but also at the means, needs, circumstances, etc of each of them, how long they were married for and how the marriage affected their respective financial situations, and at any financial connections between them during the separation period.


  • Registered Users, Registered Users 2 Posts: 977 ✭✭✭8valve


    Thanks for the replies. I will let him know.


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