Straightforward Legal Advice From An Attorney Who Understands

Running a company with your ex after the split

On Behalf of | May 20, 2025 | Divison Of Assets And Property |

Most of the time, when couples divorce, they don’t remain in consistent contact unless they co-parent minor or otherwise dependent children. However, for some couples, the end of a marriage doesn’t mean the end of a business relationship. 

If you and your ex-spouse co-own a company and want to continue running it together after divorcing, it’s entirely possible—but doing so will require careful planning, strong boundaries and clear legal agreements. With the right structure, you and your spouse can successfully preserve the business they’ve built while navigating your new personal dynamic.

Make a plan

The first step is a realistic assessment of whether healthy, productive, ongoing collaboration is feasible. Some former couples can separate personal issues from business operations, maintaining professionalism and a shared commitment to their enterprise. Others may find that emotional tensions or lingering resentment make a partnership unsustainable. If you and your ex are both committed to the business and capable of working together respectfully, that foundation is going to be necessary.

Assuming both parties wish to stay involved, the next step is to redefine the business relationship in legal terms. Your divorce agreement should specifically address business ownership, management responsibilities and what happens if one of you later wants to exit the business in your legal strategy. These decisions are best captured in a revised operating agreement or shareholder agreement that reflects your new post-divorce reality.

You’ll also need to clarify who will make which decisions. Will both of you retain equal authority? Will one of you handle day-to-day operations while the other focuses on strategic planning or finances? Setting roles and expectations in writing can help to minimize misunderstandings and power struggles. You should also decide how to resolve disputes—through mediation, arbitration or another method—to prevent future conflict from stalling business operations.

Communication boundaries are equally important. Many business partners meet regularly to review goals and performance, and that structure can be especially helpful for divorced co-owners. Formalizing your interactions—whether through scheduled meetings, defined channels of communication or third-party advisors—can create the distance necessary to maintain focus and professionalism.

Finally, keep in mind that courts may scrutinize arrangements where ex-spouses continue financial entanglements. Alimony, support obligations or tax considerations might be affected by how income is structured within the business. 

Continuing to run a business with your ex-spouse isn’t the right choice for every divorced couple, but when handled thoughtfully, it can preserve the value you’ve built and allow both parties to benefit from a continued professional partnership. With structure, transparency and legal support, success is possible—even after divorce.

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