Divorce For Texas Business Owners
Protecting Your Business Interests During Divorce Requires Strategic Legal and Financial Insight
Divorce is always complicated. When a family-owned or closely held business is involved, the stakes rise significantly.
For many couples, a business represents not only substantial financial value, but also years of sweat equity, reputational capital, and deeply intertwined roles. Untangling that in a divorce requires more than just legal knowledge. It takes financial fluency, litigation experience, and a strategic focus.
Attorney Greg Whitten brings a rare combination of financial education, commercial litigation background, and deep family law expertise to these cases.
Greg exceeded my expectations as he represented me for my divorce. His ability to handle my complex divorce which included a complex business structure was invaluable. I enthusiastically recommend adding Greg to your team when in need.
–Ryan, Family Law Client and Business Owner
What Sets Whitten Legal Apart?
Greg’s finance background equips him to interpret financial records, challenge biased assumptions, and anticipate valuation tactics.
Greg Whitten holds a finance degree in addition to his law degree. He has represented numerous business owners in divorce and commercial disputes, including divorcing spouses who co-own successful organizations.
As a local attorney with decades of experience in Collin, Denton, Rockwall, and across northern DFW, Greg also understands how area courts interpret “just and right” divisions and reimbursement claims—bringing valuable strategic foresight to contested cases.
Why Business Ownership Complicates Texas Divorces
Texas is a community property state, so businesses formed during the marriage are presumed to be jointly owned—even if only one spouse owns the business on paper.
But, courts don’t just divide everything 50/50. They pursue a “just and right” division based on numerous factors, a few of which include earning potential, who will have primary conservatorship of the children, fault in the break-up of the marriage, and indirect contributions, and many more.
Also, Texas caps spousal maintenance and child support (in most cases). That adds pressure for both parties to negotiate structured settlements or offset agreements if the business is the family’s primary income source.
Questions Your Lawyer Should Be Asking:
What type of business entity is it, and when was it formed?
Has income been reinvested instead of paid as compensation?
Are financial records complete and accurate?
Who owns the business, and what are their roles?
What is the business worth?
Were personal or separate funds contributed?
Is there a buy/sell agreement or prenup/postnup?
Could it function without one spouse’s involvement?
When Spouses Play Different Roles in the Business
Whether or not you formally work together, Texas judges will weigh each of your contributions to the family business.
One spouse may run or control the business, while the other supports indirectly — by raising children, managing the home, helping without an official title, or stepping back from their own career.
Texas courts consider these contributions under the “just and right” standard. These factors shape valuation and division strategy.
Whether marital and separate funds were mixed
Whether one spouse was paid fairly
How earnings were managed
Frequently Asked Questions
How does business ownership affect spousal maintenance?
Courts may consider business income—especially when one spouse sacrificed earning potential. But Texas caps both the amount and duration of support.
Can business income affect child support?
Yes. Texas uses a percentage-of-income (“net resources”) model but caps guideline support. For high earners, courts may exceed that cap if the child’s proven needs justify it.
What if the business is our only income source?
The court examines its value, income potential, and liquidity. These factors shape both division and support.
Can a business be divided in a Texas divorce?
Yes, if it’s community property. Most often, one spouse buys out the other, or other assets are used to offset business equity.
What if the books are incomplete or unclear?
We work with forensic accountants to rebuild or analyze records. That evidence can be critical in high-conflict or trial-bound cases.
For Spouses of Business Owners
I wasn’t involved in the business—do I still have rights?
Yes. If the business grew during the marriage, you may be entitled to a share. Courts also value indirect contributions like homemaking or childrearing.
What if I think my spouse is hiding income?
It happens. We review the books and accounts with experts to identify irregularities or delay tactics. Transparency is key.
Can I stay financially stable post-divorce?
That is one of our major goals for you! Often the answer is “yes”—especially if you supported the business by stepping back from your own career. We pursue maintenance, awards, or asset structures that reflect your role.
What if I co-signed a business loan?
There are various strategies, including securing indemnification from your soon-to-be former spouse, negotiating the payoff of the loan early, trying to remove your name during settlement, and others. However, liability doesn’t automatically vanish after divorce.
Do I need my own valuation expert?
Often, yes. A second opinion ensures fairness, especially if your spouse controls the books or selected their own evaluator.
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