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Calabasas Family Law Blog

Remember these 3 things when spousal support is on the table

Spousal support is a huge piece of the post-divorce lives of the people that ended their marriage. It isn't guaranteed to be involved in any given divorce, but when it is, there are a number of important matters that the two spouses need to consider.

So let's review these three critical points one by one:

Safeguarding your wealth in a high-asset divorce

If you have substantial assets, one primary concern you may have is safeguarding your wealth from a California divorce. Whether you are currently married or getting ready to tie the knot, there are actions you can take to protect your wealth and ensure your financial security if divorce ever occurs. 

It is important for you to keep sight of your finances during your relationship even if you are not the primary breadwinner or in charge of managing the household expenses. Here are some suggestions on how to protect your finances from divorce

Establishing parentage or paternity in California

As a California parent, there are a number of different reasons you may find it necessary to establish paternity. Maybe you know a man fathered your child, but he disputes your assertion and refuses to pay child support, or perhaps you are a father looking to obtain visitation custody or parental rights to your child. Regardless of your reasoning for doing so, however, there are certain steps you can take to legally establish parentage in California.

Your options for establishing paternity or parentage in California include the following:

2 issues to avoid in a high net worth divorce

While going through your high net worth divorce in the Southern California area, it is important to be careful about how you handle key decisions. The decisions you make now will have an immediate and lingering impact on your and your kids’ lives after the judge issues the final divorce decree. 

Divorce is not easy, especially for individuals who have so much at stake. You might feel pressured and confused while you contemplate important issues, such as alimony, child support, custody and the division of marital assets. Take some time to review two common mistakes made in high-value separations so you can avoid them. 

California teachers may be able to help students through divorce

Children spend hours every weekday in a classroom. So, it stands to reason that their teachers get to know them pretty well. Teachers in California have the capacity to help students whose parents are going through a divorce. Nothing makes a child feel like he or she is being heard and understood than by being able to talk to someone they respect and admire, and often, that person can be a teacher. 

Divorce is difficult on all those affected by it and sometimes children are affected even more than their parents. They can feel disillusioned and frightened about the future, especially if they are younger. Teachers very often pick up on the emotions of their students and when a teacher knows what's happening in students' home lives, he or she would be in a better position to help, so it's wise when parents make teachers aware that their children may be expressing emotions that come from a divorce scenario.

Key elements of postnuptial agreements

Prenuptial agreements are becoming more common as people start to understand the benefit of having an agreement in place that assists with protecting and separating assets in the event of a divorce. The divorce process is complex by nature, but a proper agreement can help to make it a bit easier.

For those who have already tied the knot, it is not too late; a postnuptial may be an option. There are a few key elements to know about postnuptial agreements.

Holding on to your business during divorce

Divorce can be a complicated matter that encompasses a wide range of issues. There is the emotional element for spouses as well as other family members that come from terminating a flawed marriage. However, marriage is also a legal agreement between two people recognized (for legal and tax purposes) by the government. This can get much more complicated if one of the spouses is a business owner or they share ownership of a business.

Whether they opened a successful tech start-up or a brick-and-mortar business, the spouse (or spouses) involved will often want to keep their business after having spent countless hours to make it a success. Â However, if that business was launched after marriage, the other spouse may be entitled to part of the business just as they would to other marital assets. According to Inc.com, separate property can even lose that designation if the business is commingled with other marital property. For example, launching the business using funds from a commingled or joint bank account will likely lead to calling the business a marital asset.

Modifications to spousal or partner support in California

As the years go by after divorce, circumstances may change. Those changes in life could mean that any divorce settlement may need some modifications from the original. Divorced California residents can ask for changes to spousal support (also called alimony), or partner support with regard to domestic partnerships. A judge is the one who orders spousal/partner support and to change that order, it has to be shown that circumstances under which the order was initially made have changed.

There are many reasons for a modification. It could be that the former spouse paying support has had a big drop in income or it could be that the spouse receiving payments no longer needs the financial help. If the former spouse receiving the money remarries, the support or alimony, should end. A judge may rule in the same fashion for domestic partners who weren't legally married.

Divorce in California and the Facebook factor

There probably isn't a household in America that hasn't been affected by social media in some fashion.  But when social media sites start creating havoc in a marriage -- so much so that they could lead to divorce -- perhaps a couple needs to re-evaluate the time each spends online and doing what, where and with whom.  Facebook seems to have been pegged as a big culprit, apparently causing 33 percent of divorces in the United States, including some of those in California.

Apparently, Facebook isn't just a place to post selfies and food pics anymore, but a place where partners can check up on each other. What some have found has led to major rifts in relationships. Partners have a way of finding out when their significant others have made what they see as inappropriate comments to people of the opposite sex on this social media site, and it causes major trouble, especially when the behavior is ongoing. And if a partner doesn't actually find out what his or her spouse is doing on the site, chances are friends will and many waste no time tattling about it. 

How prenuptial agreements affect same-sex couples in California

Once same-sex couples received the green light to legally marry, some did so without forethought about the future. Some of these California couples tied the knot without thinking about having prenuptial agreements in place or knowing how having one would affect their marriages. Prenuptial agreements actually protect the couple, any children they may have and their assets.

All marriages end -- whether in divorce or upon the death of a spouse. In terms of divorce, a prenuptial agreement offers same-sex partners the same protections as their heterosexual counterparts. The agreement comes into play once two partners sign the document and after they actually marry. A prenuptial agreement essentially spells out who owns what and who will get what in the event of a divorce, and it can also speak to the family pet. What it can't do is specify anything to do with any children of the union in terms of child custody or child support. 

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Langlois Family Law, APC
23632 Calabasas Rd, Suite 104
Calabasas, CA 91302

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