People in Carlsbad who worked in certain fields or served in the military have a pension waiting for them when they retire. A pension can help you afford retirement, but it also could become an issue if you get divorced and your spouse wants a share of it. California...
Community Property Division
Digital assets in the property division process
As we move our lives more-and-more online, our divorces become more and more digital as well. This means that the property division process must deal with our digital assets too. For some, this could mean just splitting up the family Facebook and Instagram pages. For...
Divorcing: What happens to the business?
California is a community property state, and so assets acquired and debts incurred during the marriage are jointly owned by the spouses. Technically, this means they could split everything 50/50 in a divorce. That, of course, is the starting point of the discussion,...
How does commingling affect my property if I divorce?
Some married couples in Carlsbad open a joint bank account and share finances the moment they say, “I do.” Other couples choose to keep things more separate, maintaining separate bank accounts and deciding who will pay which bills. There is no right way to handle...
What is a postnuptial agreement and how can it help me?
When you were engaged to your now spouse the idea of getting a prenuptial agreement may have been the furthest thing from your mind. The wedding planning may have taken up all your attention or you may have had the notion that prenups were an unromantic sign of...
How to find out if your spouse is hiding assets during a divorce
Divorces can be very emotional. The bitter feelings of the breakup may lead both spouses to try and get as much as they possibly can and leave the other spouse with as little as possible. Sometimes these feelings are understandable, but they can lead to serious...
Emotions aside, why should I fight for the family home?
Many times, a California couple’s largest financial asset is their family home. The home might also be a place to which all parties have become attached emotionally. On a related point, a Carlsbad couple’s children may see the home as a place of stability during what...
Can there be reimbursement in property division during divorce?
California couples who are in the middle of a divorce – especially a high-asset divorce – will be concerned about financial issues. That unavoidably includes the division of property. While the law has certain basics when it comes to property, it can still be made...
What you should know about prenuptial agreements
A prenuptial agreement is a powerful tool for Carlsbad couples who want the security of knowing how property and finances will be divided in the event of a divorce. There are many benefits to a prenuptial agreement. You will have sense of security and assurance,...
What is property characterization?
Much of a couple’s focus during divorce is deciding how to divide marital assets. While every state has different divorce laws, the courts will determine property division either equitably or equally. A majority of states follow equitable distribution guidelines, in...