Are you considering getting a divorce?

There are many potential advantages to getting divorced, depending on the specific circumstances of each individual case. Some possible advantages of getting divorced may include:

1. Improved mental health: For some people, getting divorced can bring a sense of relief and improve their overall well-being. If you are in an unhappy or unhealthy relationship, getting divorced may help you feel more confident, independent, and fulfilled.

2. More financial stability: If you were financially dependent on your spouse, getting divorced may give you the opportunity to gain financial independence and stability. This can be particularly important if you were not able to work or contribute to household finances while you were married.

3. Increased personal freedom: Divorce can allow you to make your own decisions and live your life on your own terms. This can be particularly important if you felt constrained or controlled by your spouse during your marriage.

4. Better relationships with children: If you have children, getting divorced may allow you to have a more positive and nurturing relationship with them. This can be especially important if you and your spouse had a difficult or strained relationship.

It is important to note that these potential advantages may not apply to every divorce case, and that the decision to get divorced should not be taken lightly. If you are considering getting divorced, it is important to carefully weigh the pros and cons and to seek support from friends, family, and professionals as needed.

Do you need a premarital agreement?

A premarital agreement, also known as a prenuptial agreement or "prenup," is a legally binding contract that is entered into by two people prior to getting married. It outlines how certain financial and property matters will be handled in the event of a divorce or the death of one spouse.

There are several factors to consider when deciding whether or not you need a premarital agreement. Some common reasons that people choose to have a prenup include:

1. To protect pre-existing assets: If you or your future spouse have significant assets, such as a business or real estate, a premarital agreement can help to protect these assets in the event of a divorce.

2. To define financial responsibilities: A premarital agreement can specify how financial matters, such as bills and debts, will be handled during the marriage.

3. To address potential inheritance issues: If you or your future spouse has children from a previous relationship, a premarital agreement can clarify how inheritance will be handled in the event of your death.

4. To address future financial goals: If you and your future spouse have different financial goals or expectations, a premarital agreement can help to clarify these expectations and ensure that both parties are on the same page.

Ultimately, the decision to have a premarital agreement is a personal one that depends on your individual circumstances. It is a good idea to discuss the idea with your future spouse and consider seeking legal advice to determine if a prenup is right for you.

Estate Planning during Divorce

Once you file for divorce, there are Automatic Temporary Restraining Orders that go into effect. These ATROS limit your ability to change beneficiary designations without the consent of your spouse and to fund a trust without consent of your spouse.

During your divorce, you remain married and have all of the benefits provided under the law in the event of death.      

In practicality, what that means is that if you die during the dissolution process, without a written agreement or an estate plan, the assets in your dissolution that were going to be awarded to you, may, through probate, be inherited by your spouse. 

If you would like to change that potential outcome now, here are your options:

No Restrictions

1.     Create, modify, revoke a will – A will distributes your property

2.     Create *but not fund* a trust

 What you can do with notice (do not need consent)?

1.     Revoke a revocable trust

2.     Sever a joint tenancy

 What you can do with written consent?  

1.     Change beneficiary designations on insurance, retirement, etc

2.     Fund a new trust

Payments to the family residence post separation

Clients often ask if they can receive reimbursement for post-separation payments to the family residence. Maybe.

Reimbursement for post-separation payments by a spouse on a community mortgage is NOT governed by Family Code §2640.

Family Code 2640 provides reimbursement only for payments made with separate property during marriage.

Post-separation payments with separate property on community debts is governed by Epstein and those credits are NOT automatic.

Can the Court Enter Judgment After a Party Dies?

What happens if you are in the middle of your divorce process and your spouse dies?

If your proposed marital settlement agreement was signed by the everyone, and the judgment was submitted, and then your spouse dies before it is signed by the court- the court has the power to sign the proposed judgment, which, after all, the parties had intended that the agreement would be the judgment of the court, CCP §669.

However, if the judgment was not submitted, the Court will not enter your divorce as final.