Do you live in a community property state?- Can you register your business to your name, a married person, as your separate estate?- Can you have your husband sign a quit claim to any interest in the business now?Whoever the business is registered to is responsible to pay the taxes etc on the business and owns it.Either it is you or not, but if you try to hide assets then lose them to the other person, don t whine about it.Your husband can take anything he thinks he knows to court. If he believes the ownership to be a front, he can certainly raise that you would have to spend time and legal fees to prove otherwise.Why not get the divorce then open your business? If that is not an option just open the business under your name as you intend to run it if you become a multi millionaire, use it to pay off your dear husband to leave.
Your best answer will come from a lawyer in the state where you reside. You can probably find a legal-aid resource if you contact your local Bar Association. Your Small Business Administration office may also be able to find the answers you need regarding the legalities involved.Good luck