Startups Anonymous Est. 2013 · Read-only archive
Questions

Pre-nup? Is a startup exposed in a divorce?

Just about to launch my startup I’ve been working on the past year. I’m a solo founder with no investors yet. If I were to get married this year, would I need a prenup to protect the startup?

Can a potential divorce take any part of the startup or its ownership or profit?

7 answers from the community

AAnonymous· Oct 30, 2015

Depending on if you have a legal entity for the company then yes.

Get a good lawyer and protect the company.

AAnonymous· Nov 11, 2015

Definitely a problem if you don't have a corporate entity. Depending on the state you probably still need a prenup (and in CA that might not be enough to protect your entire interest in the company).

AAnonymous· Oct 31, 2015

Havent incorporated yet. Was waiting until I brought on outside financing. I've bootstrapped everything myself.

AAnonymous· Oct 31, 2015

There are many factors depending on where you live as well. Generally what you own but don't work on before marriage ie passive investments/property is yours but if you have a business that you work on during marriage it might be subject to a split during divorce regardless if you incorporated or not.

Best consult a lawyer.

AAnonymous· Nov 2, 2015

Don't go into a marriage that you believe has the potential of divorce. simple.

AAnonymous· Nov 11, 2015

I don't plan to get in car accidents, but I still wear my seatbelt.

AAnonymous· Nov 13, 2015

++1

Its simply being responsible to protect something you build especially along with other founders. No one can forsee the future. Your co-founders, employees and any investors expect you to retain ownership & shouldn't be put at risk of your personal decisions.