(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute the agreement voluntarily. (2) The agreement was unconscionable when it was executed and, before … Read More
Community Assets
Qualified Domestic Relations Order (QDRO)
A court order based on the division of a party’s pension or retirement benefits as part of a divorce. The QDRO orders the administrator of the pension plan to distribute a specified share of benefits to the nonemployee spouse at … Read More
The Case of the “remarried/unmarried” Wife: Ex must still pay Spousal support
Here is an interesting point, seemingly contrary to the general rules that once a party is remarried, the ex-spouse no longer has a spousal support obligation. These parties were married in June 20091 and separated February 2006. In 2007, the … Read More
“Bonus” Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Support Awards
An issue that frequently comes up in divorce proceedings is how to account for seasonal fluctuations in income or commission and bonuses when calculating proper spousal and child support awards. Spousal support is taxable for the payee and deductible for … Read More
The Case of The Plumbing vs. The Embezzler
The Doctrine of Collateral Estoppel This is one of the more interesting cases I had. The Plumber was the husband who was my client. The Embezzler was his wife Although she had embezzled close to a million dollars, and some … Read More
WATTS/EPSTEIN CREDITS: Reimbursement to One Spouse using Separate Property Earnings After Separation to pay pre-existing community debts.
Watts-Epstein Credits is so namd after the two appellate cases that defined the general rule that courts must reimburse one spouse who is using earnings or other separate property fund after separation to pay pre-existing community estate obligations. Let’s say … Read More
The Case of the Felonious Wife: Because she did not use Community Assets in committing her crimes, she was still entitled to spousal support.
In re the Marriage of Schu (Court of Appeal, Division.6, California. 2d Civil No. B251636,) The Schus were married 23 years before they divorced. Genise was convicted of unlawful sexual conduct with a minor and sentenced to six years in prison. … Read More