Form 3-39

This cause of action is used when alleging that a third-party corporation is the alter ego of the other spouse. This material can be incorporated, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the com­plainant.) Additional service is required on a third-party co-respondent. See the practice notes at sec­tion 3.71.

Cause of Action Alleging Third-Party Corporation to Be Alter Ego of Respondent

1.Identity of Co-Respondent

Petitioner further complains of [name of co-respondent], Co-Respondent, who may be served with citation at [address, city, state].

Co-Respondent is a corporation organized under the laws of [state of incorporation].

2.Alter Ego

Petitioner will show that the identity of the corporation and the individual Respondent are in substance one and the same. Co-Respondent corporation is only the alter ego of the individual Respondent, acting solely as a conduit for the performance of the individual Respondent’s business. [Specifically plead facts justifying disregard of the corporate existence to prevent an injustice or fraud, e.g., mismanagement of corporate finances and payment of personal expenses with corporate funds, personal use of company automobiles, domination of board of directors by family members, and failure to maintain corporate records or file corpo­rate returns.]

3.Prayer

Petitioner prays for judgment against Co-Respondent finding Co-Respondent corpora­tion to be the alter ego of Respondent. Petitioner prays that on a finding of alter ego the Court divide the alleged “corporate” assets as the Court deems just and right.