Can DH keep business for himself and leave me with nothing if we split?

[justlivinmylife]

Background: DH has recently announced is transgendered and is going for gender reassignment. We still have good relationship and are hoping to stay together, but I just don't know if things will change as things progress.

My worry is what will happen to me and DCs if we do split. We have been married for 20 years, neither of us had a bean when we married. When we married we both had professional jobs, I had highly paid senior paid managerial job until DC1 born, when i took part time job at lower rate of pay.

We have jointly owned house bought after the marriage. DH has stayed in full time work and has since the marriage bought a share in a professional firm which he is now 50% owner of. Business has considerable value - the most valuable asset we have. Pension funds fairly low value for us both, business is seen as our main pension. Income taken from the business is about 4 times the amount I earn. Share of business bought with a second advance on the mortgage on our home, a six figure sum. Being paid back from our joint earnings. We have also recently given the business's bankers a second charge on our home to guarantee a business expansion loan.

My worry is that I do not have any shares in the business in my own name despite my considerable contribution to buying it and building it up. I worry that in the event of a split I would just get half of equity in house (which is not a lot as heavily mortgaged not least in order to buy business) plus child maintenance until DCs are 18. I would then be left to live on my small earnings and tiny pension pot when DCs leave home. If I had stayed in my full time job it is likely I would be now earning about the same as DH earns from business.

Not saying that DH would not be generous in event of split and is certainly very keen for us to stay together. However, i am very uncomfortable with the knowledge that my future financial security is dependant on his goodwill and that I may feel forced into staying together for financial reasons.

I tried talking about the possibility of me being given shares in the business but the reply was "you are not having my business". I was really shocked and can't get DH to see how unfair this is.

Sorry for the long rambling post but I know it is important to give the full picture for any of you kind MN legal experts to give me advice.

Where do I stand legally? Not looking for a split, just some security.

[prh47bridge]

His shares are an asset of the marriage and would be taken into account in any financial settlement.

You will get a fair share of the total assets. That doesn't necessarily mean 50% - it may be more or less than that depending on the circumstances.