Inheritance and Divorce: What Happens to My Inheritance in a Divorce?
Your family has your best interests in mind when they leave you an inheritance. Inheritances are meant to distribute and maintain wealth in the family and so when a couple divorces, it can be difficult to know who has a right to what when it comes to inheritances. It also can be worrisome to think about losing what your family sought to provide you. What happens to an inheritance in…
Read MoreIncome and Child Support: What Happens When There is a Change in Circumstances?
Child support is based off of standard formulas that take into account, mainly, the time each parent spends with the child or children, based off of the custody and timesharing agreements, and the parents’ net income. Both these factors can change dramatically post-divorce and so there are procedures in place for changing, also called modifying, a child support order. If you are like many concerned parents, you want your child…
Read MoreExpectations After Divorce: Why Standard of Living Matters
Spousal support, also called alimony, is not calculated according to a state-standardized formula as child support is. The courts use a variety of different factors to determine a reasonable spousal support award. Temporary spousal support is typically awarded after separation and during the divorce proceedings, but prior to finalization, is based mainly off of financial need. Long-term or permanent spousal support, finalized and enforceable with the divorce, is determined in…
Read MoreCohabitation and Spousal Support: Where Responsibilities Lie
Spousal support represents a spouse’s obligation to provide financial support to a spouse in need after a divorce or separation. However, spousal support is generally not meant to be permanent. Lifetime spousal support may be awarded in certain circumstances, but in most cases, there will be terms with which the spousal support amount is tied to. For marriages less than ten years, support is generally awarded for half the length…
Read MoreDebt Division During Divorce
Property division in a divorce is almost always paired with the division of community debt. Since California is a community property state, upon divorce, it is the net value of the marital community that is being divided, not just the assets. The net value of your marital community would be the total sum of community assets minus the to sum of community debts. This can be determined by both spouses…
Read MoreHow is a Child Support Order Modified?
Child support is often a long commitment, usually lasting until your child turns 18 or stops attending high school full time. However, child support is calculated off of a standard formula as set forth by the State of California. It is based mainly off of parental income and residential time, although these both fluctuate throughout the course of a child’s upbringing. Significant changes in income or residential time may warrant…
Read MoreWhat is a Schedule of Assets and Debts?
As part of a divorce, both parties will be required to fill out and file a Schedule of Assets and Debts. Dividing the assets and debts in a marriage can be fairly complicated. One of the best organizing measures you can take to make it easier is to properly fill out your Schedule of Assets and Debts and then, on paper and in court, it will be clear where the…
Read MoreWhat Happens When Spousal Support is Not Paid?
Spousal support is an important part of many divorces. When one spouse was not working during the marriage or has a significantly smaller income or earning capacity, spousal support is often needed to help them maintain a similar style of living they grew accustomed to during the marriage. If there are still minor children at home, this is necessary to ensure their lives are not disrupted needlessly by the divorce….
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