I have a situation where Husband owns 100% of one business and Wife owns 100% of an unrelated business. They are considering setting up a defined benefits plan for their businesses.
Operation of both businesses is kept completely separate and neither has any involvement in the others business. Further, neither is an employee or officer of the others business.
They reside in Texas, a community property state. However, they have a post-nuptial agreement which provides that neither has ownership in the others business and that income from the businesses are also separate property so there appears to be no direct ownership issues.
So long as the property is characterized as separate property, would the exception for aggregation under the control group rules for an independent spousal business apply?
