If I started my business before we got married, will I lose my business in a divorce?

No. Your business is separate property and the judge cannot take it from you. The assets of your business are not community property--they are the property of your separate property entity.

If I started a business after we were married, can the court make me sell it?

Yes. If you started your business during the marriage, it is likely to be characterized as community property. If there is evidence that the business can be sold and must be sold in order to make a just and right division of the community estate, the judge can order it to be sold. However, the value of most tightly held companies is derived from the personal good will of the person who operates the business and your personal good will is your separate property. Because of that, most small businesses are not worth much because the person who operates the business can always go start another one.

High Net-Worth Divorce

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Specialized Litigation

Insulating Your Separate Property and Professional Legacy.

We have guided clients with the largest and most complicated estates in the U.S. We utilize teams of experts to meet the "clear and convincing" tracing standard required to protect pre-marital and inherited wealth. We craft unique property division proposals that are fair and equitable to both spouses.

We have guided clients with the largest and most complicated estates in the U.

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Answer 7 targeted questions based on common Texas litigation patterns to identify high-conflict risks.

Why Tom Daley for High Net-Worth Divorce?

Tracing Separate Property

Texas is a community property state, but we excel at the 'clear and convincing' tracing required to prove and protect your separate property assets acquired before marriage or via inheritance.

Business & Practice Valuations

Whether it is a professional practice, a closely-held corporation, or a complex partnership, we work with top-tier experts to ensure valuations reflect true fair market value and enterprise goodwill.

Forensic Asset Investigation

If you suspect your spouse is hiding liquidity, transferring crypto-assets, or deferring compensation to manipulate the estate, our forensic team is trained to follow the digital and paper trail.

Executive Compensation & Benefits

We specialize in the complex division of RSUs, stock options, deferred bonuses, and specialized retirement vehicles (SERPs) that are often the largest components of an executive estate.

Privacy & Discretion

High-profile divorces require a strategy to keep sensitive financial data and personal details out of the public record through strategic filing, sealing of records, and private mediation.