Splitting Retirement Accounts with Qualified Domestic Relations Orders In a Community Property state like California, your ex-spouse or domestic partner is entitled to 50% of the value that you have accumulated in your employee sponsored retirement accounts during your marriage. These retirement accounts can be a 401K plan, IRA or pension plan. Retirement
How Is Child Support Paid in California? In California, child support is based on each parent’s net disposable monthly income and the amount of time the child will be cared for by each parent. The court considers each parent’s income from all sources, whether or not it is reported or taxed under federal
Estate Planning Considerations During Divorce All too often, individuals leave their ex-spouse or ex-partner as their beneficiary on their financial accounts and their agent for their Durable Power of Attorney for health care and property, long after they get divorced. If you are getting divorced, even before your divorce is final, you will
How to Retain Your Home’s Capital Gains Exclusion When Getting Divorced If you are getting divorced and selling your home, you can still take advantage your marital capital gains tax exclusion. This blog post explains how. But, first, what is the home sales capital gains exclusion all about? If you own a home
Families and Family Law During the Pandemic: Changes from Remote Working and Learning This article first appeared in the March 2021 edition of Marin Lawyer Magazine. The pandemic and the possibility and necessity of remote working and learning have shifted family dynamics in fundamental ways. Some of these changes, such as children attending
Getting Divorced? Build Your Team Of Experts When you are getting a divorce or separating from your partner, there are numerous personal and financial decisions to make. Divorce is also a highly emotional process, especially if you have children. Building the right team of experts to advise you as you proceed will be
How to Share in Your Ex-Spouse’s Social Security Benefits As a divorced individual you can share in your ex-spouse’s Social Security benefits, as long as you have been married for at least 10 years, and your ex has earned benefits. If this is the case in your situation, your ex-spouse’s Social Security benefits
What Documents to Bring When Meeting with Your Divorce Attorney When you are getting divorced, both you and your spouse must disclose your complete financial information. This information includes your income, expenses, liabilities, assets, business interests and other important financial information. Your divorce attorney will be able to help you understand your current
Thinking of Mentioning the Word Divorce? Do This First Understandably, deciding to divorce your spouse or separate from your domestic partner is an emotionally charged situation. You may feel angry, hurt and resentful. You may want to confront your spouse or partner with your decision as quickly as possible, so that you can
My Child Refuses to Be with Me and My Ex Is the Problem As mentioned in a previous post, sometimes after parents divorce or separate, their child may say they don’t want to spend time with one of their parents. It may be a temporary phase, brought on by the child’s feeling angry