Divorce and Separation: Spouses jointly owned business’

Gilbertson Davis LLPDivision of Property, Divorce, Separation, Separation Agreements0 Comments

When parties separate, tensions are high with both parties making lifestyle adjustments, attempting to divide assets and often negotiating  parenting arrangements.  In the case where parties share business interests or are partners in business, this can lead to increased stress, where the business and therefore the spouses current and future financial security remains entwined with a soon to be ex-spouse’s. In the case of Danecker v. Danecker, 2013 ONSC 1605, the husband and wife were both physiotherapists.  Their marriage ultimately broke down in late 2009 and at the date of separation, they were equal partners in an unincorporated physiotherapy clinic. The husband attempted, without success, to set up his own separate clinic but eventually was employed by a local hospital. Upon the separation, the wife bought out the husband’s share of the building and continued to operate for three years without any profits being shared with the husband. As part … Read More