How Will Work Travel Affect My Visitation Schedule?
As part of a divorce, you will have to draft up a Parenting Plan that outlines a timesharing schedule for you and your former spouse to co-parent your child. Generally, these timesharing schedules will consider each parent’s work schedule and reflect the percentage of time each parent will spend with the child. If you have to frequently travel for your job, take this into consideration when drafting up your parenting…
Read MoreHow is Spousal Support Taxed?
With divorce comes many changes to your finances. Your taxes will be no exception. There are numerous tax regulations you should be aware of when getting a divorce. Your finances after divorce will reflect any support orders or property settlements in effect. Child support is not considered income for tax purposes and thus is not taxed to the payee nor is it deductible to the payor. On the other hand, spousal…
Read MoreBusiness Ownership and Divorce
Owning a business can bring you financial security and sustainability. When you divorce, that security and stability is put at risk. As a community property state, California requires all assets or property acquired during the marriage with funds and efforts from the marital community be divided equally in divorce. A business you own during a marriage doesn’t have to be community property. If it was purchased prior to marriage with…
Read MoreWill a Significant Raise or Promotion Change My Spousal Support?
In your divorce, spousal support may be ordered if one spouse needs financial assistance to become self-supporting. During the divorce process, the court may order temporary spousal support. The court will determine the amount of temporary support using a standard calculation. This calculation takes into consideration the financial needs of the spouse requesting support. The final support award, however, will be based on a number of factors under California Family…
Read MoreWhen is a Business Separate Property?
Business ownership is a thing of accomplishment. If you own a business, you may have spent years of hard work and sacrifice to be able to either build it from the ground up or purchase it. Determining whether it is property of the community or not will depend on when you acquired your current interest in it, with what funds and through which efforts. The basic principle is that whatever…
Read MoreHow to Value Your Personal Property
In a divorce, all community property needs to be equitably divided between the two marital parties. This includes personal property or the items and belongings you have in your home or stored somewhere. Personal property, as opposed to real property, can be more easily divided than something like a house. Personal property may be termed ‘yours’ or ‘mine’ during a marriage but upon divorce or separation, they have to be…
Read MoreDividing Retirement Plans in a Divorce
Dividing property in a divorce can be tedious. Everything you acquired during the marriage is now subject to the community property rule and will need to be equally divided under California family code section 760. Depending on how long your marriage has lasted; you may have made significant contributions to a retirement plan while married to your spouse. Dividing a retirement plan isn’t entirely different from dividing any other community…
Read MoreWhen is a Business Community Property?
When starting the divorce process, you may be concerned about protecting the assets you’ve worked hard to acquire. In California, property acquired during the course of a marriage is considered community property. Property acquired prior to the marriage is considered separate property. Closely held businesses are considered a divisible property during a divorce. While some assets may be clearly defined as either community or separate property, often business ownership comes…
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