Hello.

My friend and I run a website which includes a cafe that generates revenue for us. I am currently going through a divorce and wondering if my soon-to-be-ex-wife will have any claim to our website or domain names.

It's important to note that when a domain name is shared, it typically remains under the ownership of the person who registered it with their email, unless there is a court order. This is also true for websites. While it's understandable to be concerned about losing ownership of your website and domain name during a divorce, it's unlikely to be a top priority for dividing assets. Generally, movable and real estate property are more valuable and sought after.

If you are worried about your ex-spouse potentially laying claim on the website or domain name, one solution could be to create a new website for your business and give the old one, including the domain name, to your ex as part of the divorce settlement. This can help to ease tensions and make the separation process smoother. However, it's important to consult with a lawyer to ensure that you are not giving up any rights or assets that may be rightfully yours.

This situation is more complex than it seems. When a domain name is involved in a business, it will likely be subject to division in the divorce settlement. However, dividing a business can be a complicated and difficult process, especially if both parties cannot agree on how to divide it.

Dividing a domain name is similar to dividing other valuable assets, such as a car or property owned by multiple parties. If both parties are unable to reach an agreement, there is a risk of legal disputes and obstacles that could potentially lead to the failure of the business.

To avoid any potential issues, it's important to ensure that you hold all rights to the content, including pictures, so that your income is considered legal and goes through a legitimate entity or sole proprietorship. It's also recommended to consult with a lawyer to discuss your options and prepare for any possible negotiations or blackmail attempts from your ex-spouse.

If your partner is simply being greedy, you may be able to resolve the issue with a legal argument, reminding them that illegal income is not subject to division. However, if they have malicious intent, it may be easier to close the website altogether rather than dealing with unnecessary legal battles and explaining your income every month.

Whether your soon-to-be-ex-wife has any claim to your website, domain names, or any other business assets can depend on several factors specific to your situation, including:

The jurisdiction where you live: The rules vary globally and even within different states in the U.S. Some places operate under "community property laws" where all property acquired during the marriage is considered jointly owned regardless of who earned it or whose name is on the title. Other places use "equitable distribution laws" where assets are divided fairly, but not necessarily equally.

Timing: If the business was started or acquired during the marriage, it is more likely to be considered marital property subject to division. If the business was started or acquired before the marriage, it might be considered separate property, but any increase in value during the marriage may be considered marital property.

Contribution: Courts may also consider the contributions of each spouse to the business during the marriage. If your spouse was involved in the business or contributed to its success in some way, they may have a stronger claim.

I can elaborate a bit more.

Businesses as Part of the Marital Estate: The way that a business and its assets—including websites and domain names—are handled in a divorce depends largely on how the business is classified. If it is considered part of the marital estate (property obtained during the course of the marriage), it may be subject to distribution between the spouses in the event of a divorce.

Evaluation of the Business: In many cases, an expert may be brought in to evaluate the worth of the business. This includes assessing the value of all the business assets, which will certainly cover any websites or domain names owned by the business.

Splitting Business Assets: If your spouse is determined to have a claim to the business, then the negotiation or litigation would determine how these assets are split. Either the value of the business is divided, or the business assets themselves are divided between the parties. In the case of websites and domain names, it may not be practical to split these assets themselves, so often their cash value is factored into the overall settlement amount.

It's worth stressing that these are all scenarios that can unfold when a business is considered in divorce proceedings. The specifics of your situation, the laws of your jurisdiction, and any preexisting agreements (like a prenuptial or postnuptial agreement) could change how these issues are handled.