It is believed that, in the last 20 years, the number of companies owned by women has increased by 100%. As the prominence of women in the world of entrepreneurship increases, the impact of this entrepreneurship will similarly increase in divorce cases. As we go through this metamorphosis, we may also need to confront outdated beliefs about gender roles in marriages and divorce cases.

Recently, former professional football player, Jay Cutler, and his wife, actress television personality and fashion designer, Kristin Cavallari, made news when it was reported that their divorce is being held up by the former NFL quarterback’s insistence that he be awarded part of Cavallari’s lifestyle company, Uncommon James, which sells, among other things, earrings and $34 crop tops emblazoned with the phrase “Mrs.” Cutler, who retired from professional football in 2017, faced significant criticism and was mocked online for asking to be compensated for a share of “his wife’s business” that was allegedly started and built during their marriage.

In the comments, there was a snarky and, quite frankly, sexist undertone that Cutler was somehow acting unreasonably or unmanly by asking for his Wife’s business to be included in their marital pool. Considering the common trope of men complaining about a wife receiving a share of “his money” and the stereotypes that have been allowed to grow from that misguided and one-sided view of the world, this reaction to the allegation that Cutler may be asking for the same from his wife is particularly perplexing. If it’s good for the goose, then it should be good for the gander.

To be clear, the specific details of the Cutler/Cavallari divorce and the laws of the state in which their divorce is occurring is almost completely unknown to the general public, including the author of this article. That’s kind of the point, though. Commenters who have mocked or criticized Jay Cutler for apparently holding firm on the position that his wife’s business should be considered in the division of their marital estate have no clue how much or how little Cutler contributed to Cavallari and her ability to build this business.

In Oregon, business interests are a martial asset that must be disclosed and properly addressed in a divorce case. If you’re going through a divorce in Oregon and you or your spouse own and/or operate a business, then that business is an asset that will need to be considered in the final distribution of assets.

In Oregon, the law presumes that each party has contributed equally to acquiring an asset. That presumption can be rebutted, but in the case of a business, there are countless ways that a spouse can directly or indirectly contribute to the growth of a business. For example, did one spouse sacrifice their own career ambitions to work on the business with the other spouse? Did one spouse have to care for the parties’ children or home and other obligations so that the other parent could run the business? Did one spouse have to attend business events or otherwise have their image used to help promote the business? Did one spouse provide cash or funds to help get the business started? Did one spouse work to support the parties while the business was getting started or otherwise wasn’t as profitable? Did the spouse walk away from a more lucrative job to operate their own business, thereby reducing the amount of income that the joint couple had to enjoy?

Ultimately, there are countless ways that spouses can and do support each other when one of them owns and operates their business. It’s not as simple as saying that it was “his wife’s business”.