OK, I'll bite. What if one of these situations:
1) What if the spouse was dead set against the start-up, and did everything possible to dissuade you, but you succeeded anyway.
2) What if you used your own money and assets from before the marriage to finance it? And what if those monies and assets were covered by the prenup; the company financed by those investments would or wouldn't be covered?
3) What if you founded the company when the marriage was in obvious decline and you both knew you'd eventually get divorced? What if you founded it when you were already separated?
4) Many companies with 2 founders don't have a 50:50 split. Why does the split with the spouse need to be 50:50 in the case of a company? Why shouldn't it be 60:40 or 90:10 assuming we accept the notion that the spouse must have been contributing something and is entitled.