A prenuptial or postnuptial agreement is only as valuable as its ability to withstand a challenge in court. In California, family law judges set aside marital contracts far more often than many spouses expect. Agreements rarely fail because judges dislike prenups. Instead, they fail because California enforces strict technical rules during drafting and signing. A prenuptial agreement can be fair on its face, yet completely invalid if execution deadlines or attorney mandates are ignored. Furthermore, California law evaluates marital contracts using two different legal standards at two separate points in…
Read MoreSpousal support
Explore California spousal support laws, including eligibility, support calculations, modifications, duration, and enforcement of support orders.
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Marital AgreementsAre Prenuptial and Postnuptial Agreements Enforceable in California? Common Grounds for a Challenge
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MediationHow Spousal Support Is Determined in High-Net-Worth Divorce Cases
In high-net-worth divorce cases in Orange County, California, spousal support, also known as alimony, is not determined by a simple formula alone. While temporary support may be guided by local court calculations, long-term spousal support is ultimately based on a detailed analysis of statutory factors set forth in California Family Code §4320. In affluent divorces involving business ownership, substantial investments, executive compensation, or inherited wealth, the court’s evaluation becomes far more nuanced. Judges look beyond income to lifestyle, earning capacity, and the overall marital standard of living. Orange County reflects…
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DivorceHow Does Age Factor Into Divorce?
Divorces are usually circumstantial and there is no definite way of saying how one could turn out because each case is unique. So many things factor in the divorce, especially as regards settlement and support. One of the most important of them is age. Age plays a very significant factor if the divorce is between older people or if there is a wide age difference between the two. The question of age arises due to things like alimony, retirement benefits and spousal support. What this means is that age is…
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MediationHow Is Spousal Support Calculated In California?
Obtaining spousal support – usually called alimony – is not easy in most California divorce cases. If you need to receive alimony payments, or if you feel that you are unfairly being ordered to make alimony payments, discuss the situation with an Orange County divorce lawyer. A spousal support dispute can be costly, lengthy, and quite stressful. Spouses who have been ordered by the court to pay spousal support typically want to pay less – or nothing – while the spouses who receive spousal support payments often think they should…
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MediationSpousal Support In Long-Term Marriages…Is It A Permanent Thing?
If you divorce in California, can you be ordered to make spousal support payments – that is, alimony payments? How does a court determine an alimony payment amount? What if that amount isn’t fair? Is paying alimony something that you may have to do for the rest of your life? Can an Orange County divorce law firm help? If you are concerned about the possibility of having to pay spousal support for the rest of your life, is that concern realistic? If you are divorcing after a long-term marriage, what…
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MediationHow Long Does It Take To Get Spousal Support In California?
In a California divorce, how long does it take to begin receiving spousal support (commonly known as alimony)? Like everything else in the law, the answer is “it’s complicated” and “it depends.” Every couple and every divorce is unique, of course, so anyone seeking or anticipating a divorce in southern California should discuss the particulars of the divorce with an experienced Orange County divorce attorney. Still, some general rules regarding spousal support will apply to everyone who divorces in the state of California. The first thing a divorcing spouse should…
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AlimonyHow Long Does it Take to Get Spousal Support in California?
If you are planning to request spousal support or you have been told that you are eligible, the next question often is how long you must wait to receive your support. The answer depends on whether you were granted temporary support, or if a spousal support judgment has been entered. Also, if you are requesting a modification, you may have a different waiting period to consider. It is important to not substitute the information in this blog for actual legal counsel. If you are seeking spousal support, you need to…
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Spousal supportHow the Ashley Madison Hack May Affect Divorce Numbers
The recent Ashley Madison hack that has been discussed widely on the country’s news networks has created a whirlwind of speculation – the biggest being that there is likely to be an increase in the number of divorces for 2015 and next year. However, the real question is what happens to a spouse if their name appears on the list of users? In most states, infidelity is not a pressing issue for a divorce proceeding. Couples do not need to prove that their spouse was unfaithful in order to file…
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Child CustodyWhat is Parental Alienation Syndrome and Awareness?
For parents going through divorce, there are plenty of issues that can arise, including division of assets, terms of alimony payments, and parental alienation syndrome. The fact of the matter is, nearly half of all U.S. marriages end in divorce. Of these divorce cases, 10% of them involve child custody litigation, with one million children affected annually. When a family has to deal with more than just the terms of divorce, the emotional toll on the children can be overwhelming. Definition of Parental Alienation Syndrome If you are in the…
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Family LawWhat is the difference between a Temporary Spousal Support Order and a Permanent Spousal Support Order?
Let’s talk about temporary spousal support. Those orders are made by the court after someone requests the award of the support and before the final judgment. It is driven by income and need only. So someone has the need and someone has the ability. The party who has the ability will provide temporary spousal support for the party who has the need. Permanent spousal support is a different story although most people confuse the two. Permanent spousal support are determined by the court at the final trial and they are…
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