If during a marriage, a spouse's business increases in worth, then that expanded value would be treated as marital property in a divorce, something that could be divided between both spouses, even if only spouse actually contributed to the business' growth. If you are one of the many business owners in the United States, you likely need to protect the business into which you have poured so much of yourself and your time.

And to put these protections in place, the reality is that you will have to act well before divorce is ever contemplated, perhaps before you are even married. And this is a time when considering something like a prenup can be unsettling. The thing is, such legal measures act much like any insurance policy. This is something on which you don't want to ever rely, but also something you can't afford to be without, just in case. So here are a few of the many options at your disposal for protecting the future of your business.

Domestic or Foreign Asset Protection Trust for Your Business

This is a protection you can set up on your own, that is, one that you do not need your fiancé or spouse to agree to. So in case a prenup is too dicey a suggestion to bring up, you can create a trust in which to place your business, making your company and any growth entirely your separate property. It would not be subject to division in a divorce. You can usually create this type of complex trust for:

• C Corporations
• Limited Liability Companies
• Limited Partnerships

You may or may not be able to form a trust for an S Corporation. This is definitely a step that requires an experienced attorney, a legal professional who can guide you through the process. Also, a trust into which you transfer property must be created years before something like a divorce occurs, otherwise it can be nullified. If you are going to make this trust, you should start on it as soon as possible.

Prenuptial and Postnuptial Agreements

If you are engaged and you still have months before the wedding, then you have the opportunity to create a prenuptial agreement. In this written document, you can lay out what property will stay separate property (like your business), and which property will become marital property. You could then stipulate what would happen to the marital property. It should be noted that matters of child custody cannot be held up in a prenuptial agreement; in fact, it could invalidate the agreement.

If you do not work with a knowledgeable lawyer, however, you could find yourself with a voided prenup at the very hour you were relying on it to protect your financial future. To create a strong prenuptial agreement, you and your fiancé will each need your own family lawyers. But is should be noted that these nuptial agreements are not always failsafe.

Finally, if you are already married, you could still create a postnuptial agreement, which is basically the same as a prenup for married couples. The only thing is, not every state allows for postnuptial agreements, so your first step will need to be looking into this matter.

You can talk to a skilled family attorney to learn more about your options, which could include buy-sell and operating agreements, several other varieties of trusts you could create, and more. If a nuptial agreement is the way you want to go, then you will definitely need to work with a family attorney to ensure the document will hold up in court if ever you need it to. Find an excellent legal professional today!