Avoiding Heartache When Operating a Business as a Couple

https://youtu.be/YgOEldRt3nQ

They say never mix business with pleasure—but what about love? Many couples start businesses together, but without the right legal setup, things can go very wrong. Very, very wrong. Let’s talk about how to protect both your business and your relationship.

This Valentine’s Day week I’m talking about the law and love, but what I’m saying applies year-round.

Here are Some Legal Must-Haves for Couple Entrepreneurs

Have a Business Agreement: Just like a marriage, a business needs clear expectations. A partnership agreement or an LLC operating agreement should outline who owns what, decision-making power, and what happens if one partner wants to leave.

Choose the Right Structure: Forming an LLC or corporation and running it properly protects your personal assets in case of lawsuits or business debt in a way a partnership usually can’t.

Plan for Breakups (Yes, Really): If the relationship ends, what happens to the business? Without a plan, you could end up in legal battles over ownership. Just ask any family law lawyer you know. A good plan for dealing with the business in a breakup is like having a good prenup. Speaking of which, if you have a prenuptial agreement, make sure any terms in it about the business match the terms in the business’ operating documents about a business breakup.

Good Business Planning Is Good for a Relationship

Good business planning can help a romantic relationship weather a business disaster and can help the business weather a romantic disaster.

🚩 Here’s a Red Flag: Don’t assume “we trust each other” is enough. Even married business partners should protect themselves legally.

🚩 Here’s another Red Flag: If your romantic partner doesn’t think it’s important to protect themselves, you, and the relationship with good business planning, then are they really someone you want to go into business with?

💚 Here’s a Good Sign: A romantic partner who is enthusiastic about making sure both of you individually and the relationship are protected by good business planning is someone who understands the future is always uncertain and wants to make sure it’s not unnecessarily problematic.

💚 Here’s an Important Tip: If you’re working with a lawyer to form your business or draft or update your operating documents, know that a lawyer can’t represent both of you in that situation. The lawyer will either be representing the business or one of you as an individual.That’s because each of you and the business may have competing interests. That doesn’t mean you’re adversarial, it just means what’s best for you might not be what’s best for your partner, or what’s best for the business. It’s a good idea tohave separate counsel when drafting or updating your business’ operating documents. That way each of you has someone looking out for your best interest.

For Better or Worse Applies in Love AND in Business

Going into business with a romantic partner has some complicated aspects beyond what a regular business relationship has. That doesn’t mean it’s a bad idea. It just means you need to be extra careful with your business planning and make sure the business is addressed in your nuptial and estate planning documents. Everything will be easier if you know you’ve planned well for whatever the future brings.

Have you ever built a business with a romantic partner? What was your experience? Drop a comment below!

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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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