Going through a divorce is hard enough, but having to divide or give up a business you worked hard to build and keep successful can be infuriating. If you are a business owner who is planning to file for divorce or are already in the midst of one, it is important to know your rights and to have a skilled and experienced Austin, TX property division lawyer protecting them. Gray Becker, P.C., has been protecting the rights of Texans since 1983, and we are available to help.
When Is A Business Considered Marital Property?
Texas follows community property laws, which means that most property acquired during the marriage — including business interests — may be subject to division. If the business was started during the marriage or if marital funds or time were invested in its growth, it may be treated as a shared asset. That can mean the business or its value could be divided during the divorce, even if only one spouse was directly involved in running it.
Sometimes businesses are considered to be marital property, and it’s important to know about and understand your legal options for dividing marital property. We work with business owners, entrepreneurs, and spouses in divorce cases to help identify what part of the business, if any, qualifies as community property. From there, we can help evaluate possible ways to divide the asset — whether through a buyout, offset, or structured agreement — while keeping the business operational and protecting its long-term value.
Ownership, Contributions, And Recordkeeping
It’s not uncommon for one spouse to assume that because they started or ran the business, the other has no legal claim to it. But under Texas law, that isn’t always the case. The court may look at many factors: when the business was started, whether separate funds were kept separate, and how each spouse contributed to the success or maintenance of the business. Good recordkeeping, financial statements, and agreements (like prenuptial or postnuptial contracts) can be especially helpful in supporting your position.
Why You May Need Legal Representation
There are many common signs that you might need a divorce lawyer, but when you have a business to protect, it becomes all the more important to do this to protect your rights to your business assets. Divorce can have long-term financial consequences — especially when a business is your main source of income. We help clients approach these cases strategically, minimizing risk while focusing on outcomes that allow them to move forward.
Protecting Your Business During And After Divorce
We also understand how important privacy and continuity are for business owners. Whenever possible, we work to resolve disputes outside of court through settlement or mediation. But when litigation is necessary, we’re prepared to represent your interests with a clear strategy and strong advocacy.
Contact Our Austin Divorce Attorneys
The attorneys at Gray Becker, P.C. are known throughout Central Texas for courtroom success, litigation record, and cost-effective representation. If you are in need of a divorce lawyer who is experienced with helping protect their business assets during a divorce, reach out to us today.