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California Divorce Law: Division of Assets

California divorce law and the division of assets can be confusing. Some things are community property and belong to both of you, and some things are separate property and belong to only one of you – and worse, some things are “commingled,” which means part of them belong to both of you together and one of you separately. Here’s a …

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Social Security and Divorce in California

Social Security can be a tricky thing to separate during divorce – but if you or your spouse receives it, here’s what you need to know. Social Security and Divorce in California In some cases, divorced people are allowed to receive a larger Social Security benefit than they ordinarily would on their own. That can occur when one party receives …

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Dividing Retirement Assets in a Divorce

Dividing retirement assets in a divorce can be complicated – and in many cases, it requires preparing a QDRO and hiring a professional to get an accurate value. Even if it’s relatively simple, you’ll still need to account for it in your divorce settlement. In many cases, you’ll have to split some of what’s in your retirement account. Related: Retirement …

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Divorce and Pension Payout

Divorce and pension payout. Many people come to us who need to know about their rights to a pension – either their own or their spouse’s – and they want to know how payout works. Here’s the scoop on divorce, pension payouts and the division of retirement accounts for people who split up. Divorce and Pension Payout In many cases, …

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Retirement and Divorce Settlements

For many people, retirement accounts and divorce settlements are confusing. Will your ex-spouse get your retirement? Will your divorce settlement require you to give over half what you planned to retire on? Here’s what you need to know. Retirement and Divorce Settlements If you or your spouse has money tied up in a retirement plan, you’ll need to account for …

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Prenups in California: What You Need to Know

If you’re getting a divorce in Stockton and you’ve signed a prenuptial agreement – commonly just called a prenup – here’s what you need to know. What is a Prenup in California? A prenup is a legal document that can help one party’s assets in a divorce. The Uniform Prenuptial Agreement Act covers prenups under California law. The law says …

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How is Credit Card Debt Split in Divorce in California?

When you get a divorce in Stockton, you and your spouse will have to divide your property – and property includes both assets and debts. California is a community property state, so usually, the division of credit card debt is pretty clear-cut. Here’s what you need to know. Related: Community property basics in California What is Community Property? The term …

Transmutation and Tracing: Property Division & Divorce

As you are likely aware, property can take on two distinct characterizations once a couple becomes married: separate or community. The distinction between the types of property has a critical bearing on the distribution of assets upon divorce. In a perfect world, the characterization of the property remains the same throughout the marriage and divvying that property up on dissolution …

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Are Assets Always Split 50-50 in a Divorce in California?

California is a community property state, which means everything you and your spouse earned or purchased while you were in the marriage belongs to both of you equally. But it doesn’t mean that you have to divide everything 50-50. Splitting Assets in Your Divorce: Are They Always Split 50-50? During your divorce, everything that you and your spouse contributed to …