QUESTION

Wasteful dissipation of assets or poor financial judgment?

Asked on May 16th, 2013 on Divorce - New York
More details to this question:
My spouse runs his own business (sole proprietorship, no form of corporation at all) very poorly. For the past 5 years he has spent all earnings on buying more inventory and expends currently over 4K/month on storing them. His personal credit card is 40K in debt and he refuses to try to pay it off. He has a lot of inventory (art, expensive art books) but there are no liquid assets. We have 2 children. I am in process of earning my professional license in architecture after many years spent as sole care-giver to the children. Would my spouse's uncontrollable spending on behalf of his business be considered wasteful dissipation of assets?
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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If he is the sole owner of the business under those circumstances he would likely be protected by the business judgment rule.
Answered on May 17th, 2013 at 10:58 PM

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