What Can I Do to Protect My Business During Our Divorce?

 Posted on October 13, 2026 in Divorce

A business is often one of the most valuable and most complicated assets in a Texas divorce. A business owner hoping to prevent the division of their business interests may have several options. A valid prenuptial agreement can protect a business if one is in place before the divorce begins. Otherwise, it might be possible to offset the value of the other spouse's share of the business with other assets.

If you own a business and are facing a divorce in 2026, a Tarrant County, TX divorce lawyer can explain where your business may fall and how to protect it.

Will My Business Be Divided in a Texas Divorce?

During a divorce, the court divides community property, but it cannot divide either spouse's separate property. Depending on when a business was started, it may be wholly or partially included in this division.

Texas presumes that property either spouse has during the marriage or at divorce is community property. A spouse who claims separate property has to prove it by clear and convincing evidence (Texas Family Code Section 3.003).

A business you started during the marriage with marital funds is usually community property. This is true even if your spouse never contributed work directly to it. If the business is community property, the court divides the estate in a way it considers "just and right." A court can weigh factors like each spouse's earning ability, health, and fault in the breakup of the marriage when deciding how to divide a business.

Separate Property

Separate property includes what you owned before the marriage and what you received during it as a gift or inheritance. A business you started before you married, or one you inherited from a parent, may stay yours.

However, the community estate may be entitled to reimbursement if marital funds were used to benefit the business or a spouse's work increased its value without adequate compensation.

Will I Have to Keep Running My Business with My Spouse After a Texas Divorce?

Courts rarely order spouses to keep running a business together after a divorce. More often, one spouse keeps the business, and the other receives assets of comparable value. Examples might include home equity or retirement savings. In other cases, a buyout paid over time or a sale of the business and division of the profits makes more sense.

The actual value of the business is central to the division process. This is often a point of debate during the divorce proceedings. Both spouses may hire their own business appraisers, and the final numbers they come up with can be quite different.

What Records Should I Get to Protect My Business in a Texas Divorce?

If you are hoping to prove the business is separate property, you will need documentation.

Useful records include:

• Formation documents showing when the business was created and who owned it
• Ownership records, stock certificates, or partnership agreements dated before the marriage
• Tax returns and financial statements for the business and for you personally
• Buy-sell agreements or operating agreements that limit transfers of ownership

If business and marital funds have been mixed, a forensic accountant may be able to sort out which belongs to which estate.

Can My Spouse Interfere With My Business While the Texas Divorce Is Pending?

A Texas court can issue temporary orders while the divorce is pending (Texas Family Code Section 6.502), including giving one spouse exclusive control of a party's usual business. If your spouse works in the business or has access to its accounts, a temporary order may help preserve daily operations.

While the case is pending, avoid moving money out of the business, cutting your salary, delaying contracts, or selling equipment without talking to your lawyer first. A judge may view sudden changes during a divorce as an attempt to hide or reduce the value of the business before division.

Call a Dallas, TX Divorce Lawyer Today

Our Tarrant County, TX asset division attorney previously worked as a prosecutor for the Dallas County District Attorney's Office. She brings more than 25 years of legal experience to every case and gives each one her personal attention.

Call the Law Office of Michelle Poblenz at 469-845-3031 to schedule your initial consultation.