Alimony and Legal Separation in CA

May 26, 2026 TRIWriter

When a marriage faces irreconcilable differences, couples in California have options beyond divorce. Legal separation is a unique alternative that allows spouses to live apart, address important financial and family issues, and maintain certain marital benefits—all without ending the marriage.

One of the most important aspects of legal separation is the potential for alimony, also known as spousal support. Understanding how alimony works in the context of a legal separation is critical for anyone considering this path.

Legal Separation in California: An Overview

Legal separation is a formal process in which spouses resolve issues such as child custody, property division, and spousal support while remaining legally married. The process is similar to divorce in many respects, but the marriage itself is not dissolved.

Legal separation might be chosen for several reasons:

Religious or moral beliefs
Health insurance or tax benefits
Desire for a trial period apart without ending the marriage
Uncertainty about divorce

Sometimes a spouse files a legal separation because they don’t yet qualify for a divorce. To get a divorce, spouses must meet the divorce residency requirements: one spouse must have lived in California for the past 6 months and in the county where the case is to be filed for at least 3 months.

To file for a legal separation, only one spouse must live in California. There’s no time requirement.

To obtain a legal separation, one spouse must file a petition with the court. Both parties must agree to the terms of the separation, or the court will decide unresolved issues. Legal separation is binding but reversible; spouses can later reconcile or choose to proceed with divorce.

Alimony (Spousal Support) During Legal Separation

Alimony, or spousal support, is a court-ordered payment from one spouse to the other, designed to help maintain the standard of living established during the marriage. In California, alimony can be awarded in both divorce and legal separation cases. The same legal principles apply to both situations.

When is Alimony Allowed in a Legal Separation?

A court may order alimony during a legal separation if there is a financial need and the other spouse has the ability to pay. The goal is to provide economic balance, especially when one spouse earns significantly more than the other.

California law considers several factors when determining spousal support:

Length of the marriage
Standard of living during the marriage
Each spouse’s income and earning capacity
Age and health of both parties
Contributions to the household or career sacrifices
Childcare responsibilities
Any history of domestic violence

Temporary vs. Long-Term Support

Spousal support may be temporary (lasting only during the legal proceedings) or long-term, continuing throughout the separation. The exact amount and duration depend on the unique facts of each case.

Alimony & Legal Separation: Perspectives of Both Parties

For the Receiving Spouse

If you are financially dependent on your spouse, legal separation does not leave you without support. You can request temporary or ongoing alimony. The court will evaluate your need for assistance and your spouse’s ability to provide it. Be prepared to demonstrate your financial situation, employment history, and the lifestyle you enjoyed during the marriage.

For the Paying Spouse

If you are the higher-earning spouse, the court will examine your finances and ability to pay alimony. You have the right to present evidence of your income, expenses, and any legitimate reasons why the requested support is unreasonable. The goal is a fair outcome, not to punish or unduly burden either party.

Why Work with a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This distinction means she has demonstrated substantial experience, passed a rigorous exam, received favorable evaluations from judges and peers, and maintains up-to-date legal education.

For clients, this certification ensures:

Expertise in complex family law matters
Skillful negotiation and litigation of alimony and legal separation cases
Personalized strategies tailored to your needs
Professional, ethical representation

With Judy L. Burger, you gain the peace of mind that comes from having a true family law expert on your side.

Legal Separation & Alimony: 5 FAQs

1. Can I receive alimony if I am legally separated and not divorced?
Yes. California courts can order alimony during a legal separation, just as they can in a divorce.

2. Is legal separation faster or easier than divorce?
The process is similar, but legal separation may be preferable if you want to remain married for personal or financial reasons.

3. Do both spouses have to agree to a legal separation?
No. One spouse can file for legal separation, but all issues (support, custody, property) must be resolved—either by agreement or court order.

4. Can legal separation orders be changed?
Yes. If circumstances change, you can request a modification of spousal support or other orders.

5. Will my health insurance change after legal separation?
Often, you may be able to stay on your spouse’s employer-sponsored plan during legal separation, but always verify with your provider.

Take the Next Step with The Law Offices of Judy L. Burger

If you’re considering legal separation or have questions about alimony in California, don’t navigate it alone. The Law Offices of Judy L. Burger offer the expertise and compassion you need to protect your interests and secure your financial future.

Child Custody, Visitation

Spring & Summer Shared Custody Tips

May 18, 2026 TRIWriter

California’s beautiful spring and summer months bring longer days, school vacations, and an abundance of family activities — but for parents sharing custody, they can also bring unique challenges. Want some shared custody tips? Whether you’re planning a long-awaited vacation, coordinating summer sports, or navigating special events like family reunions, proactive communication and clear agreements are key to ensuring both parents and children enjoy a memorable and conflict-free season.

At The Law Offices of Judy L. Burger, we understand the complexities of shared custody. As a Certified California Family Law Specialist, Judy L. Burger offers reliable guidance to help families navigate these months with confidence.

1. Plan Ahead for Vacations and Travel

California courts encourage parents to work together when making vacation plans. For shared custody families, it’s crucial to:

Review Your Custody Agreement: Most custody orders include provisions for holiday and vacation schedules. Clarify how vacation time is divided and the notice required for travel.
Communicate Early: Give the other parent as much notice as possible about your intended travel dates, destinations, and contact information. This minimizes misunderstandings and helps avoid scheduling conflicts.
Document Agreements: Always put changes or additions to the schedule in writing — whether by email or a co-parenting app. This helps prevent disputes and provides a clear record.

2. Coordinate Summer Sports and Camps

Spring and summer often mean soccer leagues, swim lessons, and day camps. Consider these tips:

Discuss Enrollments in Advance: Each parent should have input on which activities the child participates in, especially if they occur during both parents’ custodial time.
Share Costs and Commitments: Decide how fees, equipment, and transportation will be handled. Open dialogue can help split responsibilities fairly.
Update the Calendar: Use a shared digital calendar to keep track of practices, games, and pick-up/drop-off arrangements. This reduces last-minute confusion.

3. Navigate Holidays and Special Events

Holidays like Memorial Day, the Fourth of July, or special family gatherings add another layer of complexity:

Revisit the Holiday Schedule: Custody orders often alternate or split holidays. Review your agreement and clarify details well in advance.
Be Flexible: Sometimes, family events arise that don’t fit neatly into the schedule. If possible, accommodate reasonable swap requests — and expect the same in return.
Prioritize the Child’s Best Interests: When disagreements arise, focus on what will make the holiday most enjoyable for your child, rather than sticking rigidly to the plan.

4. Handle School Breaks and Transitions Smoothly

Spring breaks and the transition into summer vacation can disrupt routines:

Clarify Break Schedules: Ensure both parents understand when school lets out and resumes. Coordinate to cover any gaps in childcare.
Prepare for Back-to-School: Plan together for summer reading, school supplies, and any summer assignments. This helps your child start the new year with confidence.

5. Prepare for Special Occasions and Family Reunions

Weddings, graduations, and reunions are often planned during spring and summer:

Share Invitations Promptly: Let the other parent know about upcoming events as soon as possible, especially if they require travel or schedule changes.
Work Together on Logistics: If your child will miss regular custody time for a special event, discuss how to make up the time. Cooperation ensures your child feels supported by both parents.

6. Keep the Child’s Needs Front and Center

No matter the season, your child’s best interests should guide every decision. Encourage open communication, foster positive relationships with extended family, and strive to create happy memories for your child during these special months.

Frequently Asked Questions About Shared Custody in California

Can I take my child on vacation out of state or out of the country?
Check your custody order first. Many require written consent from the other parent or a court order for out-of-state or international travel. Always provide detailed travel information and obtain necessary permissions in advance.

What if we can’t agree on a summer schedule?
Try mediation or consult your family law attorney for guidance. Courts expect parents to work together, but if a consensus can’t be reached, a judge may decide based on the child’s best interests.

How are summer sports and camp costs handled?
Unless specified in your custody order or support agreement, parents must negotiate how to share these costs. It’s best to agree in writing to avoid future disputes.

What happens if one parent doesn’t follow the agreed-upon summer schedule?
Document any violations and attempt to resolve the issue amicably. If problems persist, consult your attorney or seek court intervention. Consistency is important for your child.

Can we modify our custody order for summer or special events?
Yes. Parents can agree to temporary changes, but significant or recurring modifications should be formalized through a court order to ensure enforceability.

Why Choose The Law Offices of Judy L. Burger?

Attorney Judy L. Burger is a Certified Family Law Specialist with decades of experience helping California families with complex custody matters. Her deep understanding of California law, compassionate approach, and strong advocacy ensure your rights — and your child’s best interests — are protected. If you need help navigating spring or summer custody schedules, modifying your plan, or resolving disputes, The Law Offices of Judy L. Burger can help you achieve solutions that work for your family.

Contact The Law Offices of Judy L. Burger today to schedule a confidential consultation. Let us help you create a shared custody plan that works for every season — and every member of your family.

California Divorce

Should I Still Consult an Attorney with the New Divorce Option Under California’s New Joint Petition for Dissolution (SB 1427)?

May 11, 2026 TRIWriter

California has long been at the forefront of family law reform, and Senate Bill 1427 (SB 1427), A Joint Petition for Dissolution, is the latest example. This new law expands the state’s simplified divorce process, making it more accessible—especially for couples with children. But even as the process becomes more streamlined, the need for experienced legal guidance remains crucial. Here’s what you need to know—and why consulting an attorney like Judy L. Burger, a Certified Family Law Specialist, is still your smartest move.

Understanding SB 1427: The New Joint Petition for Dissolution

Previously, California’s summary dissolution was only available to couples with no children, limited assets, and short marriages. SB 1427, A Joint Petition for Dissolution, changes that by allowing more couples—including those with children—to file a joint petition for dissolution, provided they can agree on all terms of their separation.

Under this new law, both parties must be in full agreement regarding key issues. The petition must include detailed information such as:

The number of children born during the marriage, their ages, and dates of birth
Legal grounds for dissolution or separation
The date of separation
Agreements on child custody and visitation
Child support arrangements
Spousal support (if any)
Division of separate, community, and quasi-community property
Restoration of former names (if desired)
Allocation of attorney’s fees and costs

For more information, you can review this comprehensive article from the LA Times.

Why You Still Need an Attorney—Even with a Simplified Process

While the new process is designed to save time and money, the legal complexities of divorce remain. Here’s why consulting with an experienced family law attorney is still essential:

Comprehensive Legal Protection: Even amicable divorces can have hidden pitfalls. Without proper legal guidance, you might overlook critical rights or responsibilities that could affect your future.
Ensuring Fair Agreements: The law requires you and your spouse to agree on all terms, including property division, support, and custody. An attorney helps you understand what you’re entitled to and ensures your agreements are truly equitable and enforceable.
Avoiding Mistakes and Delays: Inaccurate or incomplete paperwork can lead to costly delays or even rejection of your joint petition. Lawyers are skilled at navigating the legal forms and requirements.
Addressing Complex Issues: Every family is unique. Issues like business ownership, retirement accounts, or special needs children add layers of complexity. Legal counsel ensures these matters are handled properly.
Future-Proofing Your Divorce: Agreements made today can impact you for years to come—especially regarding custody, support, and property. A lawyer can help you anticipate future challenges and draft solutions that last.

Meet Judy L. Burger: Certified California Family Law Specialist

Judy L. Burger is not just any attorney—she is a Certified Family Law Specialist, a distinction earned by only a select few attorneys in California. With decades of experience representing clients in all aspects of family law, Judy brings:

Deep knowledge of California divorce law, including the nuances of SB 1427
Extensive courtroom and negotiation experience
A reputation for protecting her clients’ interests with compassion and tenacity

Having a certified specialist on your side ensures you receive the highest standard of legal representation, whether your divorce is amicable or contentious.

Frequently Asked Questions: California Divorce and SB 1427

1. Do I qualify for the new joint petition for dissolution under SB 1427?
To qualify, both spouses must be in complete agreement on all divorce terms, including child custody and financial matters. There may still be eligibility restrictions based on asset complexity or other factors. Consulting an attorney can help determine if you qualify and if this is the best option for you.

2. What happens if my spouse and I disagree on any issue?
If you cannot agree on any aspect of your divorce (such as custody or property division), you will not be eligible for the new joint petition process. Instead, you’ll need to pursue a traditional dissolution, where legal representation becomes even more critical.

3. Do we still need to go to court?
The new law is designed to reduce or eliminate court appearances for qualifying couples, but some cases may still require judicial review—especially if the agreements involve complex or unusual terms. An attorney can clarify your obligations and help you avoid unnecessary court trips.

4. Can we use one attorney for both spouses?
No. While you can work together and file jointly, each spouse has unique interests and rights. It is highly recommended that each party consult their own attorney to ensure their interests are fully protected.

5. How do child custody and support work under SB 1427?
Both parents must agree on custody and support arrangements, and these must comply with California law. The court will review these agreements to ensure they are in the best interest of the children. An attorney will ensure your agreement complies with legal standards and protects your parental rights.

The Bottom Line: Don’t Go It Alone—Consult a Specialist

SB 1427 is a positive step toward making divorce less stressful and more accessible for California families. However, the law still requires parties to address complex and deeply personal issues. The guidance of a knowledgeable attorney is invaluable in ensuring your rights are protected and your future is secure.

If you’re considering divorce, especially under the new joint petition process, don’t take chances with your future. Trust your case to The Law Offices of Judy L. Burger—where your peace of mind comes first.

Contact The Law Offices of Judy L. Burger Today

Ready to discuss your options or have questions about SB 1427? Reach out to Judy L. Burger’s team for a confidential consultation. With offices across California and a track record of exceptional results, you’ll have the expertise you need to move forward with confidence.

Learn more or schedule a consultation at judyburger.com or call today. Your next chapter starts here—with the right legal partner by your side.

California Divorce, Property Division, Property Division

Separating Digital Assets in a Divorce

May 4, 2026 TRIWriter

In today’s increasingly digital world, divorce no longer means only dividing physical property, bank accounts, and real estate. Digital assets—ranging from cryptocurrency to online businesses and even social media accounts—are now a significant consideration in California divorce proceedings. At The Law Offices of Judy L. Burger, we understand the complexities these assets bring and are committed to helping clients achieve fair and thorough results during property division.

What Are Digital Assets?

Digital assets are any items of value stored digitally rather than physically. As technology evolves, the definition of digital assets continues to expand. Common examples of digital assets include:

Cryptocurrency (such as Bitcoin, Ethereum, Litecoin)
Online bank and investment accounts
Online businesses and e-commerce stores
Digital payment accounts (like PayPal, Venmo)
Intellectual property (domain names, trademarks, copyrights)
Social media accounts and websites
Digital media (photos, videos, music libraries)
Cloud storage accounts

These assets can have substantial financial and sentimental value, making their identification and division critical in any divorce settlement.

How Are Digital Assets Shared or Split in a Divorce?

California is a community property state. This means that, in general, any asset acquired by either spouse during the marriage is considered community property and subject to equal division. This rule applies to digital assets just as it does to traditional property.

However, the process of separating digital assets can be more complex than dividing tangible items. Challenges include:

Identifying all digital assets: Some assets may be overlooked, intentionally hidden, or difficult to trace.
Valuing digital assets: The value of cryptocurrencies and online businesses can fluctuate or be difficult to assess.
Dividing access and ownership: Some digital assets, such as intellectual property or social media accounts, may not be easily split in half.

In many cases, digital assets will need to be appraised by financial experts, and their division may require creative or technical solutions.

Recommendations for Separating Digital Assets

Inventory All Digital Assets
Begin by making a comprehensive list of all digital accounts and assets—whether personal or business-related. This includes everything from online brokerage accounts to loyalty points.
Gather Documentation and Access Information
Collect account numbers, login credentials, and any documentation proving ownership or value. This will be crucial for both legal proceedings and the practical division of assets.
Determine Which Assets Are Community vs. Separate Property
Assets acquired before marriage or by gift/inheritance are typically separate property, but documentation is key. A skilled attorney can help clarify what qualifies as community or separate property.
Work with Qualified Professionals
Division of digital assets often requires financial advisors, forensic accountants, and sometimes IT specialists. The Law Offices of Judy L. Burger partners with trusted professionals to ensure no asset is overlooked or undervalued.
Negotiate or Litigate the Division
Sometimes, spouses agree to a straightforward equal division. In other cases, one party might keep a particular asset in exchange for giving up another. When negotiation fails, the court may step in to make the final determination.

Why Clients Trust the Law Offices of Judy L. Burger

Attorney Judy L. Burger is a Certified California Family Law Specialist—a distinction held by only a select group of attorneys who demonstrate exceptional knowledge of family law. With decades of experience handling complex property division cases, including those involving digital assets, Judy Burger is known for her attention to detail and tenacious advocacy.

Our firm collaborates with a network of professionals—financial analysts, forensic accountants, appraisers, and IT experts—ensuring your digital property is accurately valued and fairly divided. We understand both the technical and legal nuances of digital assets and are committed to protecting your interests.

Digital Asset FAQs

1. What if my spouse is hiding digital assets?

Digital assets can sometimes be concealed more easily than physical property. We work with forensic accountants and use legal discovery tools to uncover hidden accounts or transactions.

2. How is cryptocurrency handled in a divorce?

Cryptocurrency is treated like any other property, but its valuation can be complicated due to price volatility. Accurate disclosure and professional valuation are essential.

3. Are social media accounts considered marital property?

If a social media account generates income or was created for business during the marriage, it may be considered community property. Otherwise, personal accounts may remain separate, but content and intellectual property rights should be reviewed.

4. Can digital assets be divided without court intervention?

Yes, spouses can agree on how to divide digital assets through negotiation or mediation. However, for complex or high-value assets, legal guidance is crucial to ensure a fair settlement.

5. What happens to digital photos, videos, and sentimental files?

These digital keepsakes often have little monetary value but great emotional significance. Couples may agree to duplicate files or arrange access, but it’s best to specify terms in the settlement agreement.

Protect Your Digital Future—Contact The Law Offices of Judy L. Burger

Dividing digital assets in a California divorce requires technical know-how, legal experience, and a strategic approach. With Attorney Judy L. Burger and her team on your side, you can be confident that your digital interests will be thoroughly protected. If you are considering divorce or have concerns about separating digital property, contact The Law Offices of Judy L. Burger today for a confidential consultation.

415-293-8314

Monthly Archives: May 2026