# Does a spouse's business count toward SBA size?

**Short answer:** Only if the ownership test is met. SBA combines the interests of spouses and minor children in a business. It does not combine them when each holds an individual interest in a different business. Source: SOP 50 10 8.1, Sec. A, Ch. 1, Para. D.4.

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Last checked: 2026-11-08

A spouse's separate company does not automatically count. The rule is in 13 CFR § 121.301(f)(1)(vi) and SOP 50 10 8.1, Sec. A, Ch. 1, Para. D.4.

## How the rule works

Ownership interests of spouses and minor children must be combined when SBA measures how much a person owns. If you own 30% of the applicant and your spouse owns 30%, SBA treats that as 60%. That crosses the more-than-50% line used in the affiliation tests.

The SOP adds a limit. Interests are not combined when spouses and minor children have individual ownership interests in different businesses. So if you own your company and your spouse separately owns a different one, those interests stay separate.

## Entities count pro rata

SBA also looks through companies. In the regulation's example, someone owns 15% directly and all of a company holding 50%. SBA treats that person as owning 65% (§ 121.301(f)(1)(vii)).

## Where else spouses matter

Combined ownership also drives the guaranty rule. A spouse owning less than 20% must guarantee in full if both spouses and minor children together own 20% or more. See Sec. A, Ch. 5, Para. A.

The credit elsewhere test also looks at the liquidity of spouses of 20% owners (Sec. A, Ch. 1, Para. H).

## Sources

- [13 CFR § 121.301(f)(1)](https://www.ecfr.gov/current/title-13/section-121.301)
- [SOP 50 10 8.1, Sec. A, Ch. 1, Para. D.4 (about p. 16)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SOP 50 10 8.1, Sec. A, Ch. 5, Para. A (p. 93)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SOP 50 10 8.1, Sec. A, Ch. 1, Para. H (p. 37)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)