When dealing with a family home that’s entirely or substantially part of the parties’ community property, the facts of the situation will lead to taking one of the following five approaches in the divorce agreement. 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
Before they could legally marry, many long-term same-sex couples thought of themselves as “married,” but if these couples did marry when they were able to and then got divorced, they learned that California law doesn’t think the same way.
It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life. Continue reading
Blended families are very common today—from the Kardashians to the Jolie-Pitts, Hollywood has myriad examples. In a blended family, there are children from a prior relationship and also perhaps children with the current spouse. This situation presents many blessings and challenges, including those for estate planning attorneys. Even if your clients’ assets are modest, planning for them in the context of the “blended family” requires careful analysis. Continue reading
A “Divorce Hotel” may be coming soon to a luxury hotel near you! As the New York Times explains, “Check in on Friday, married. Then, with the help of mediators and independent lawyers, check out on Sunday, divorce papers in hand, all for a flat fee.” Not surprisingly, this concept may have the makings of a reality show too. Continue reading
Washington recently became the seventh state (after Connecticut, Iowa, Massachusetts, New York, New Hampshire, and Vermont) along with the District of Columbia to allow same-sex marriage. If the law stands, Washington will be the first state with community property (other than California) to allow same-sex marriage. Continue reading
In the high-profile divorce of Frank and Jamie McCourt, the ownership of the Dodgers hangs in the balance. Frank put his faith in a marital property agreement that he believed would result in him keeping the team. After a judge’s ruling that the agreement was not valid and enforceable, it’s as if there was never any such agreement and the parties are like any other in California trying to characterize particular property in a divorce. This leaves questions about how this marital agreement failed and how attorneys can avoid their clients’ agreements suffering the same fate. Continue reading