• Doing Business Together in marriage

    May husbands and wives go into business together?

    Certainly. Wives and husbands can be business partners, just as any other two people,
    whether related or not. They could set up a corporation and both be owners and employees of
    the corporation; they could form a partnership; or one could own the business and employ the
    other. Wages and benefits can be paid, just as they would for any other employee. If wages and
    benefits are being paid to a spouse or child, the amount usually should not be more than what is
    reasonable or a fair market value. If artificially high payments are made, the business could get
    into trouble with the Internal Revenue Service.


    Is a wife or husband liable for the other's business debts?

    Usually, no--unless the husband or wife had co-signed on the debt or they reside in a
    community property state. It is common, however, for institutions that lend money to small
    businesses to want personal guarantees of payment from the owner of the business, and not just
    from the business itself. In the event the debt is not paid, lenders would like as many pockets to
    reach into as a possible. If the owner of the business owns a home, the lender may want to use
    the home as collateral for the business loan. That means that the spouse of the business owner
    may be asked to sign a paper allowing use of the home as collateral. Thus, the home could be
    lost if the business cannot pay off its debts. As long as a spouse does not co-sign for the
    business debts, the spouse normally will not be liable for business debts incurred by his or her
    mate. An exception may exist in community property states.

    May a couple file jointly for bankruptcy?

    Yes. Bankruptcy provides relief for people who have more debts than they can pay

    Must a working spouse provide a pension for a dependent spouse?

    The law does not specifically require this, but most pension plans provide for it. Also,
    depending upon the type of pension plan, a dependent spouse is given certain rights under
    federal law regarding the working spouse's pension benefits

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