For business owners
You built something worth protecting. Now you are building a partnership too.
A prenup can address how your business is treated without being unfair to your partner. Two independent attorneys help both of you reach an agreement that respects what you have built and what you are building together.
Flat fee of $5,000 per couple. No payment to get started.
Without a prenup, your spouse may have a claim to business appreciation that occurred during your marriage, even if you started the company years before you met.
Business formed before marriage
A pre-marital business may still be subject to claims on appreciation that occurred during the marriage, especially if marital funds or labor contributed to its growth.
Business formed during marriage
A business started after the wedding is typically considered marital property. Without a prenup, both spouses may have a claim to its full value.
Family business interest
Inherited or gifted business interests can become marital property through commingling. A divorce could force fractional sales or disrupt family management.
What a prenup can address
Six areas of protection for business owners
Separate property designation
Define the business and its assets as separate property, even if the business appreciates during the marriage.
Appreciation clause
Address how passive versus active appreciation is treated, and whether a spouse has a claim to growth they contributed to.
Buyout provisions
Establish how one spouse can buy out the other's potential interest rather than forcing a sale or division of the company.
Valuation method
Specify how the business will be valued if the agreement is ever invoked, avoiding costly disputes over methodology.
Debt allocation
Clarify responsibility for business debts, personal guarantees, and lines of credit incurred for business purposes.
Inspection and transfer restrictions
A prenup can include a waiver of inspection rights or restrict transfer of membership interests to protect operational control.
The appreciation question
Passive vs. active appreciation
Courts often distinguish between growth driven by market forces (passive) and growth driven by the owner's labor (active).
A prenup can define how each type of appreciation is treated. For example, it may specify that passive appreciation remains separate property while active appreciation is shared proportionally.
Your attorney can help you understand how your state approaches this distinction and what language may work for your agreement.
The commingling risk
Mixing personal and business finances can erode your protections
Even with a prenup, commingling business and personal funds may weaken separate property claims. Courts look at actual behavior, not just what the agreement says.
Maintain separate business bank accounts
Pay personal expenses directly from business accounts
Document any marital contributions to the business
Let a spouse work informally without clear terms
Take a defined salary from the business
Withdraw variable amounts for household spending
Keep business records distinct from personal finances
Use personal credit cards for business purchases interchangeably
How Neptune works for business owners
Three steps to a prenup that addresses your business
Guided intake for business owners
Neptune's intake asks about your business structure, ownership percentage, whether you have partners or investors, and how you take income from the business.
Free attorney consultation
Each partner is connected with their own independent, licensed attorney. Your attorney can review how your business interests, operating agreements, and ownership structure fit into the prenup.
Finalized agreement
Your attorney drafts an agreement that addresses your business assets, appreciation, and ownership protections. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.
Protect your business. Respect your partner.
Get started with Neptune and each partner will be connected with their own independent attorney.
$5,000 flat fee per couple. Two independent attorneys included.
Common questions from business owners
Can a prenup protect my business from being divided in divorce?
A prenup can designate a business as separate property, which may limit a spouse's claim to it. However, enforceability depends on state law, full financial disclosure, and whether the agreement is considered fair at the time it is reviewed. Your attorney can help you understand what protections are available for your specific situation.
What if my business appreciates significantly during the marriage?
Business appreciation during a marriage is often where disputes arise. Courts may distinguish between "passive appreciation" (market-driven growth) and "active appreciation" (growth due to the owner's labor). A prenup can address how each type is treated and whether a spouse has a claim to growth they did not directly contribute to. Your attorney can review what approach may work for your circumstances.
My spouse helps run the business informally. Does that change things?
When a spouse contributes labor, ideas, or management support to a business, they may have a stronger claim to its value during a divorce, even without formal employment. A prenup can address this by defining what constitutes a contribution and how it is compensated or accounted for. Your attorney can help clarify how informal involvement may be treated.
What about business debts and personal guarantees?
Business debts, lines of credit, and personal guarantees you sign for business purposes can become issues in a divorce. A prenup can allocate responsibility for these obligations, specifying that business debt remains with the business owner. This can help prevent a situation where a spouse is held responsible for debts they did not incur.
What does it cost and how long does it take?
Neptune charges a flat fee of $5,000 per couple, which covers two independent attorneys (one for each partner). No payment is required to get started. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys. Rush pricing applies when the wedding is within 45 days.