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Month: June 2017

Are you Entitled to an Ownership Interest in your Spouse’s Separate Property?

on June 26, 2017Posted in Community Property

Community Property Interest in Separate Property Residence In cases where one spouse owned a piece of real property before marriage or acquired it during marriage through an inheritance or with separate property money, the community may have an ownership interest in the real property upon divorce.  This occurs when the couple has used community earnings… read more

I received a Smith / Ostler order in my divorce – What type of income does it include?

on June 21, 2017Posted in Divorce

The most common court-ordered spousal support (alimony) and child support comprises of a monthly payment of a set amount for a set amount of time. For both spousal support and child support, the amount is based, in part, on a review of both parties’ income at the time the order is made. But what about… read more

How do I get the court to impute income to my non-working spouse in order to reduce my spousal support obligation?

on June 19, 2017Posted in Spousal Support

In some cases, where one spouse is the sole bread-winner, and the other spouse does not work or is not working to full earning capacity, the court may impute income to the non-working spouse for the purposes of determining spousal and child support, essentially treating the non-working spouse as if he/she is working and earning… read more

What is Dissipation of Assets in a San Diego Divorce?

on June 12, 2017Posted in Assets,Divorce

A 2016 Forbes article discussed the term “dissipation of assets” in reference to getting a divorce. One of the most common ways to avoid paying a spouse is to dissipate, or squander, assets. This is intentionally done to prevent a spouse from getting his or her fair share of marital property in a divorce settlement…. read more

Military Divorce – New U.S. Supreme Court Case Out of Arizona Changes Division of Military Retirement in California Divorce Case

on June 5, 2017Posted in Military Divorce

On May 15, 2017, the United States Supreme Court decided the case of Howell v. Howell (2017) 581 U.S. ___. This case will have a dramatic effect on divorces where one or both spouses serve in the United States military. The issue in dispute is: What happens when a divorcing couple agrees to divide a… read more