The parties thought they had covered everything (or maybe one party was being sneaky), but it turns out that some property was left out of the divorce proceedings and thus never made it into the judgment. Here’s how to deal with that situation—and how to better protect your client before this situation arises. Continue reading
A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions? Continue reading
A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the hook? Continue reading
The following is a guest blog post by Peter M. Walzer of Walzer Melcher LLP in Los Angeles, a firm focused exclusively on family law. Mr. Walzer has been a Certified Family Law Specialist for 25 years.
It’s not uncommon for out-of-state attorneys to call California attorneys asking them to “just approve and sign a prenup.” The caller has drafted a premarital agreement in another state or country that he or she hopes will be enforced in California. Those hopes are usually dashed. Continue reading
It’s popular knowledge that remarriage is the death knell to spousal support, but did you know that cohabiting can also affect spousal support? With love and plans to live together floating around on this Valentine’s Day, it’s wise to consider this financial reality. Continue reading
Employee benefits may be one of the biggest assets involved in a divorce—often similar in value to the family residence. With so much money on the line, identifying, valuing, and dividing benefit plans is a priority. Here are 5 steps you should take whenever employee benefits may be involved in a separation or divorce. Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: 401k plans, community property, defined benefit plans, division of assets, divorce, employee benefits, legal separation, pension plans, retirement benefits | 1 Comment »