Exploring Inheritances and Community Property Rules in a CA Divorce
California Divorce, Property Division

Exploring Inheritances and Community Property Rules in a CA Divorce

Navigating the complexities of community property and inheritances in a California divorce can be challenging. Understanding how these assets are treated under California law is crucial for anyone going through a divorce involving inheritances and community property.

Certified Family Law Specialist Judy L. Burger explains how community property rules affect inheritances in a California divorce.

Community Property

California is one of the few community property states in the United States. In community property states, most assets and debts acquired during the marriage are considered community property, belonging equally to both spouses, regardless of who acquired them.

Community property includes income earned during the marriage, real estate purchased during the marriage, other assets acquired, and debts incurred by either spouse during the marriage. In the event of a divorce, community property is typically divided equally between the spouses, although there can be exceptions based on specific circumstances.

Inheritances and Separate Property

Inheritances and gifts received by one spouse are considered separate property in California. This means that if one spouse receives an inheritance or gift during the marriage, it is generally not considered community property and belongs solely to the recipient.

However, commingling separate property with community property can complicate matters. For example, if an inheritance is deposited into a joint bank account or used to purchase a marital home, it could lose its status as separate property and become subject to division as community property.

Transmutation is the process by which separate property becomes marital or community property. This can occur when separate property is mixed with community property or when both spouses agree to treat certain separate property as community property. Transmutation can also happen through a written agreement signed by both spouses.

How Can You Protect An Inheritance?

It’s crucial to ensure that an inheritance remains distinct from marital assets to safeguard it from being considered communal property. This may require placing the inheritance in a separate account, refraining from mixing it with communal assets, and maintaining thorough records of the inheritance and its utilization. Another way to protect an inheritance given to one spouse is to place it into a trust.

Individuals can also consider signing a prenuptial or postnuptial agreement to safeguard inheritances from property division during a divorce. These legal agreements provide clear guidelines for property division and outline how inheritances will be handled in the event of a divorce. By defining the property statuses and the rights and responsibilities of each spouse, these agreements can protect inheritance rights.

The court may exercise its own discretion in cases involving fairness and equitable distribution. Even if an inheritance is considered separate property, the court has the power to modify the allocation of assets to ensure a just outcome. This may involve assigning a more significant share of other marital assets to the spouse who did not inherit to achieve a balanced division of property.

Seek Legal Guidance from an Experienced CA Property Division Attorney

Given the complexities of inheritances and community property rules in California, seeking guidance is advisable. Certified Family Law Specialist Judy L. Burger is experienced in handling complex divorce and property division cases. She can provide valuable insight into how to protect separate property, navigate the division of assets, and ensure that your rights are protected throughout the divorce process.

Understanding the treatment of inheritances and community property under California law is crucial for individuals going through a divorce. Get informed and seek legal counsel to protect your separate property. Contact The Law Offices of Judy L. Burger in California to get seasoned help navigating the complexities of divorce involving inheritances and community property.

 

Family Lawyer or Certified Family Law Specialist?
California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

  • Divisive legal separations after a long marriage
  • Difficult divorces where the parties cannot agree on anything
  • Military divorces where both parties are actively serving
  • Complex business valuations where both spouses are owners
  • Sophisticated property divisions involving retirement and other investments
  • Heated mediations over support agreements
  • Emotionally charged situations involving different family backgrounds
  • Intense negotiations involving children and custody
  • Heart-wrenching discussions over grandparents’ rights
  • Litigating difficult child custody and support cases
  • Ex parte “emergency” hearings to stop or prevent abuse
  • Domestic violence assistance for spouses and children
  • Complex paternity issues for fathers
  • Completing and filing voluminous paperwork
  • More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

  • Losing custody
  • Limited visitation rights
  • Surrendering valuable assets
  • Burdensome support agreements
  • Your personal safety
  • Your family’s welfare
  • Your reputation
  • Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

 

What Military Families Should Know About the Servicemembers Civil Relief Act (SCRA)
California Divorce

What Military Families Should Know About the Servicemembers Civil Relief Act (SCRA)

Military service families endure complex challenges far different from those of civilians. Sudden and frequent separations and extended time away from home cause significant hardships. The federal government has passed legislation to help support military families when facing service-related civil issues, and one of the most vital laws is the Servicemembers Civil Relief Act (SCRA).

California Certified Family Law Specialist Judy Burger shares more about this important act and how it helps military families.

What is the SCRA?

The Servicemembers Civil Relief Act (SCRA) is a federal law protecting military members as they focus on their national duties. The act aims to ease the financial and legal burdens arising during active duty, ensuring that service personnel can commit fully to their responsibilities without worrying about certain civil obligations.

Among the vital and helpful provisions of the SCRA are:

  • The interest rate cap. Under this provision, active-duty service members are entitled to have the interest rate on any pre-existing loans or debts reduced to a maximum of 6% while on active duty. This applies to obligations incurred before entering military service.
  • Protection from eviction. This provides legal safeguards against eviction without a court order for military members and their families who rent a property that does not exceed a certain monthly rental amount. This protection helps ensure military families have a stable place to live during service commitments.
  • Lease terminations. The law allows service members to terminate residential or vehicle leases early if they receive orders for a permanent change of station (PCS) or deployment for 90 days or more. This flexibility enables military families to adapt to the demands of their service without being unduly burdened by lease commitments.
  • Deferred income taxes. If your ability to pay income tax is materially affected by military service, the Internal Revenue Service and state and local taxing authorities are required to defer your income taxes due before or during your military service. This deferral does not accrue interest or penalties.
  • Property repossession protection. Under the law, property cannot be repossessed or a contract terminated due to nonpayment or payment gaps before or during military service without a court order.

There are other protections relating to phone service, auto leases, life insurance, small businesses, and voting rights.

The SCRA and Family Law – Divorce Matters

Two of the most important SCRA provisions affect family law and divorce matters:

  1. Delayed Civil Court Proceedings: Certain contractual obligations, including bankruptcies, foreclosures, divorce, paternity, and child support proceedings, can be deferred or suspended for 90 days. Judges may also grant additional 90-day extensions when warranted. Criminal court matters are not covered in this provision.
  2. Default Judgement Protection: While you’re on active duty, if a civil action, civil proceeding, or administrative proceeding is filed against you, the judge is required to appoint a lawyer to represent you in your absence. The court must also grant a delay of at least 90 days if it believes there may be a defense to the action that cannot be presented without your attendance.

Family Law Attorney Judy Burger wants military families to be aware of their rights under the SCRA and can help them assert these rights when facing family law matters like divorce, child custody, and child support hearings. She is an experienced and compassionate California lawyer accustomed to helping military members and their families navigate family law matters more effectively during active duty.

CA Family Law Advocate for Military Families

The Servicemembers Civil Relief Act is a vital resource for military families, providing essential protections that contribute to the well-being and stability of those who serve in the armed forces. If you are serving in the military in California and require family law assistance, contact The Law Offices of Judy L. Burger. We have eight locations throughout The Golden State for your convenience.

 

Can I Get Spousal Support During a Legal Separation?
Legal Separation, Spousal Support

Can I Get Spousal Support During a Legal Separation?

Legal separation may be a good option for couples who are unsure about getting a divorce. However, it’s important to know that legal separation can come with significant financial responsibilities, including potential spousal support. If you need help understanding whether you have to pay or may need spousal support during a separation, Certified CA Family Law Specialist Judy L. Burger can help. She can share the information you need to make the best decision for your specific situation.

What is a Legal Separation?

A legal separation is a legal arrangement where a married couple lives apart while remaining legally married. This separation agreement addresses issues such as spousal support, child custody, visitation, and division of assets and debts. Legal separation can be a suitable option for couples who are uncertain about whether they want to pursue a divorce or for religious or financial reasons. It enables couples to live separately and manage their individual affairs while addressing practical matters similar to those in a divorce.

What Is Spousal Support?

Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other during or after a divorce or separation. It is designed to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage.

Legal Separation and Alimony in CA

The amount of spousal support and the duration for which it is paid can vary widely depending on factors such as the length of the marriage, each spouse’s financial situation, earning capacity, and contributions to the marriage, among others. Spousal support can be awarded on a temporary or permanent basis, and it is an important aspect of many divorce proceedings.

There are two types of spousal support in California: temporary spousal support and permanent spousal support.

  1. Temporary support is alimony that is paid while a case is still pending and before a final order or agreement has been reached.
  2. Permanent spousal support refers to the support order determined at the end of the case. Despite the name, it does not imply an endless support agreement.

Legally separated spouses handle their finances similarly as they would in a divorce, except they cannot sell shared assets. One party often lacks the independent income to adequately support themselves. The court determines each party’s earning capacity and many other factors to determine the support agreement warranted. If there is a significant difference in income or potential earnings, the higher earner may be required to provide support.

These considerations are highly specific to each situation, so you need an experienced CA Family Law Attorney like Judy Burger to help you prepare for a support determination. She can work with you to formulate an equitable and fair support agreement that covers all the relevant factors of the case.

California’s 10-Year Rule and Alimony

In California, a marriage that lasts for ten years or more is considered “long duration,” giving the court indefinite jurisdiction over spousal support in cases of divorce or legal separation. However, according to Family Code 4336, periods of separation during the marriage may also be considered in determining the length of the marriage. This means that if a couple legally separates before the ten-year mark, it may impact whether their marriage is classified as long duration in the event of a future divorce. It can also impact how spousal support is determined during a legal separation proceeding a divorce.

Working with a Certified CA Family Law Specialist like Judy Burger is obviously in your best interests when considering a legal separation and possible spousal support issues. Whether you may need alimony or be more likely to pay spousal support in the event of a separation, you need to know your options and how to prepare. Schedule a consultation with The Law Offices of Judy L. Burger in California to get advice and guidance for your future.

 

Child Custody Matters That Warrant Ex Parte Hearings
Child Custody, Domestic Violence, Restraining Order

Child Custody Matters That Warrant Ex Parte Hearings

If you need urgent legal orders to protect a child from harm, prevent personal injuries, or address other time-sensitive matters pertaining to child custody, you may need an Ex Parte Hearing. Also known as “Emergency Hearings,” these proceedings are typically requested by one party with little or no notice to the other involved parties. They are reserved for situations where imminent harm requires immediate action from the court.

The Law Offices of Judy L. Burger and her team specialize in handling the intricate paperwork and representation for ex parte hearings. Contact one of our California offices nearest you to learn more and get help with child custody matters and emergency hearings.

What Is an Ex Parte Emergency Hearing?

The term “Ex Parte” originates from Latin, meaning “from one party.” It is a request from a single party to present evidence to the court with little or no notice to other involved parties. In California, such hearings are permitted when there is an imminent threat of significant harm and immediate action is necessary to prevent it. This can include child custody matters.

The court can grant this emergency hearing and issue legal orders to protect parties from harm in extreme situations that make custody battles difficult or dangerous.

Child Custody Emergencies

​Child custody discussions between parents can become heated and even violent. If you believe there is a good chance the discussions could turn bad or you feel threatened, you can request an ex parte hearing in a CA family court. If the court finds sufficient proof for emergency orders to protect you and your child, they may grant them even if the other parent is not present. Common reasons to request an ex parte hearing include the following:

  • To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
  • To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
  • To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

​The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when custody matters are threatened by imminent harm or violence. You may also need a temporary restraining order to protect you and your child from an abusive or manipulative spouse/parent. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. We have eight offices across California to serve you.

Know When to Act

Disagreements between separated or divorcing parents can go awry for any number of reasons. Custody discussions can break down, and alarming reactions may threaten your mental and physical safety and that of your child. It is important to act swiftly and learn about the various legal means at your disposal.

If you find yourself in a situation where an ex parte hearing may be necessary, it’s crucial to seek assistance from a California Certified Family Law Specialist like Judy L. Burger. Her expertise and experience in handling such matters can provide the guidance and swift action needed to address threatening domestic circumstances through legal means. Contact us immediately to explore your options and get the help you need.

 

How Can I Prepare for Sole Custody of My Child?
Child Custody

How Can I Prepare for Sole Custody of My Child?

Are you ready to take responsibility for sole custody of your child? California family courts generally grant joint custody to both parents in a divorce. Obtaining sole custody can be a difficult and involved process, and you need significant assistance from a knowledgeable legal professional. Certified CA Family Law Specialist Judy L. Burger offers some tips to prepare for sole child custody.

What Is Sole Custody?

Sole custody, also known as full custody, is a legal arrangement in which one parent or guardian has the exclusive right and responsibility to make decisions about the upbringing of the child and has the primary physical custody of the child. This means that the child lives with one parent most of the time. The other parent may have visitation rights or parenting time, but they do not have the legal authority to make decisions about the child’s upbringing. In sole custody cases, one parent has the ultimate authority and responsibility for the child’s well-being.

Steps to Prepare for Sole Custody of Your Child in CA

Custody orders are granted by the family court. Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.  

Family Law Attorney Judy Burger can help you with the following steps to file for sole custody of your child in California.

Create a Parenting Plan

When spouses with children separate, they must create a parenting plan to present to the court. Many couples can work out an equitable plan that the court can simply approve. A parenting plan reflecting a sole custody arrangement will likely meet with disapproval by the other parent. 

When domestic violence has occurred, the law allows the court to grant sole custody in order to protect the children and abused spouse. There is specific paperwork for requesting sole custody in domestic violence cases.

Gather The Evidence to Support Sole Child Custody

A family court judge will need convincing evidence to grant one parent sole custody. This evidence must basically prove the other parent is unfit to care for the child. However, it must also prove that you are fit and able to care for the child. The court will consider:

  • Domestic violence history or charges
  • Police reports
  • Medical evidence
  • Witness statements
  • Correspondence
  • Employment history
  • Housing situation
  • Emotional and physical health of the parent
  • Age and health of the child
  • Emotional ties between the parents and the child
  • The child’s ties to the community, family, school, etc.

The primary consideration is always the child’s best interests.

File a Custody Petition with the Court

Your attorney will help you collect the necessary evidence and complete other required paperwork to file a sole custody petition with the court. Completing forms correctly and including all pertinent information is critical. Documentation you may need can include:

  • Parenting plan
  • Request for orders on child custody and visitation
  • Petition to establish a parental relationship
  • Petition for custody visitation
  • Petition for dissolution
  • Official statement about domestic violence (Form MC-030)

CA Custody Attorney Judy Burger can review your case, determine the specific documents you need, and help you complete them correctly.

Attend a Child Custody Court Hearing

After filing for custody, you must attend a child custody court hearing. During the hearing, the judge will review your parenting plan and custody petition and listen to arguments from both sides. The judge will then decide on the custody arrangement that is in the child’s best interest.

Attorney Judy Burger specializes in family law in California and can assist you in securing the best custody and support arrangements for your case. She can help you understand the custody hearing process, gather evidence, prepare for testimony, anticipate challenges during the hearing, develop a parenting plan, and advocate for your interests.

Get Help with Child Custody in California

If you have a child custody case in California, the Law Offices of Judy L. Burger will guide you through the process and fight for your rights. Contact us today to schedule a consultation and get the support you need. 

Spousal Support and Taxes
Spousal Support, California Divorce, Marriage, Mediation, Property Division

Spousal Support and Taxes

Filing for a divorce can complicate your tax situation, especially regarding spousal support. Is alimony (spousal support) taxable? Yes and no. Certified Family Law Specialist Judy L. Burger explains more about how spousal support affects your federal income taxes.

What Is Alimony?

The Internal Revenue Service defines alimony, or spousal support, (also called separate maintenance) as, “Amounts paid to a spouse or a former spouse under a divorce or separation instrument (including a divorce decree, a separate maintenance decree, or a written separation agreement) …”

It further specifies what qualifies as spousal support:

“A payment is alimony or separate maintenance if all the following requirements are met:

  • The spouses don’t file a joint return with each other;
  • The payment is in cash (including checks or money orders);
  • The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;
  • The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.);
  • There’s no liability to make the payment (in cash or property) after the death of the recipient spouse;
  • The payment isn’t treated as child support or a property settlement; and
  • The divorce or separation agreement does not designate the payment as not includable in gross income of the payee spouse and not allowable as a deduction to the payer spouse.”

Alimony and child support are not the same. Child support is never deductible and isn’t considered income.

Is Spousal Support Taxable?

The Tax Cuts and Jobs Act of 2017 changed alimony taxation rules. Here is the law as it stands now (June 4, 2024):

  1. Spousal support or separate maintenance payments made under a divorce or separation agreement executed before 2019 are deductible by the payer spouse and included in the recipient spouse’s income.
  2. Spousal support or separate maintenance payments made under a divorce or separation agreement dated on or after January 1, 2019, are NOT deductible by the payer spouse and NOT included in the recipient spouse’s income.

Some support included in a divorce or separation agreement is not considered spousal support under federal tax guidelines. Family Law Attorney Judy Burger can examine your divorce or separation agreement and determine what is and is not taxable/tax deductible for the current tax year. Many aspects of the TCJA expire in 2025 unless re-enacted by Congress.

Legal Help with Child & Spousal Support

California takes child and spousal support agreements seriously. Child support is never deductible and isn’t considered income. If a divorce or separation instrument provides alimony and child support, and the payer spouse pays less than what is required, the payments apply to child support first. Only the remaining amount is considered alimony. However, Failure to meet court-ordered support agreements is considered contempt of court and can bring serious punishments.

Penalties for contempt of family court can include imprisonment, community service, fines, and/or payment of outstanding debt for financial obligations. California law dictates that sentencing may result in fines of up to $1,000 per act of contempt and/or as many as five days in jail. In cases such as child support or spousal support order violations, fines and jail time will accumulate after months of failure to pay.

Support violations carry a three-year statute of limitations. Any action alleging violations of support orders must be made within three years after the first missed payment.

If you have questions about child or spousal support or need help getting what you deserve, contact The Law Offices of Judy L. Burger. We have eight conveniently located offices across California to serve you.

How Are Trusts Handled in a Divorce Property Division?
Property Division, California Divorce, Mediation, Property Division

How Are Trusts Handled in a Divorce Property Division?

Divorces routinely involve property division questions. Some may be simple and straightforward, but determining marital and separate assets is often complicated. One common question is how trusts are handled in a divorce property division. Certified Family Law Specialist Judy L. Burger explains more about trusts and property divisions in California.

What Is a Trust?

“A trust is a legal entity with separate and distinct rights, similar to a person or corporation. In a trust, a party known as a trustor gives another party, the trustee, the right to hold title to and manage property or assets for the benefit of a third party, the beneficiary.”

A trust is a useful tool for managing and distributing a person’s finances both while they are alive and after their passing. It can help an estate avoid taxes and the probate process, protect assets from creditors and specify how inheritance should be handled for beneficiaries.

Married couples may establish one or more trusts for various reasons:

  • Tax planning
  • Medicaid planning
  • Retirement or inheritance planning
  • Providing for a special needs child or family member
  • Charitable giving
  • Securing business assets

Different types of trust have varying rules that govern how they are used, protected, and divided in a divorce property division.

Trusts and Property Division

Under California law, trusts are separate property of the named beneficiary spouse. Trust assets are then not considered “community property” and, therefore, are not subject to equitable distribution. Moreover, any income and principal paid from a separate property trust to a beneficiary spouse remains their separate property as long as it is not comingled with marital funds.

For example, a trust that is funded by a third party or source (not the beneficiary) through a gift or bequest and is governed by a separate trustee is the sole property of the beneficiary and not considered community property.

  • A trust created with assets before the marriage
  • A trust given to one spouse by a gift or inheritance

Irrevocable trusts are also better protected during a divorce property division. The beneficiary spouse is not in control of the assets, and they are not considered community property.

Depending on the type of trust, other special circumstances may apply. It is best to discuss your situation with a seasoned California Property Division Attorney like Judy Burger to ensure you fully understand your rights and options.

When Is a Trust Considered Community Property?

When trust funds are placed into a joint account, used to purchase a marital asset, or used for regular marital expenses, these funds are no longer considered separate property and become community property.

An exception exists if separate property contributions are used for a down payment on or for improvements to an asset; they will retain their separate property status as long as documents trace that contribution. Any funds remaining in the trust or a separate account will continue to be considered the separate property of the beneficiary spouse.

California Property Division Attorney

The rules governing California property divisions and trusts are complex, so you need an experienced CA Property Division Attorney to help you understand them and how they apply to you. Certified CA Family Law Specialist Judy Burger can examine the assets in trusts and determine how they fit into a divorce property division. Her role is critical to ensure an equitable legal division and protect your assets and rights.

If you are considering a divorce in California and have assets in a trust, contact The Law Office of Judy L. Burger as soon as possible. We have eight convenient offices throughout the Golden State to give you the personal attention you deserve. 

Is My Retirement at Risk in a CA Divorce Property Division?
Property Division, California Divorce

Is My Retirement at Risk in a CA Divorce Property Division?

People are living and enjoying the fruits of their labor longer than ever before. Planning and investing for retirement are some of the wisest decisions married couples can make. But what happens to your retirement assets in the event of a divorce? Handling retirement funds in a divorce is complex, and without the right help, you could make serious mistakes and lose most of your assets. CA Certified Family Law Specialist Judy L. Burger shares what you need to understand about retirement and a divorce property division.

Sharing Pensions and Retirement Plans

All kinds of pensions and retirement plans exist. They all share a common factor: a person and/or an employer pays into the account, which accumulates with interest over time to provide a living after retiring from active employment. Your spouse may also pay into the same pension or retirement plan, or have one of their own.

Some of the most common plans in California include:

  • Employee benefit plans
  • Defined Benefit Plans
  • Defined Contributions Plans
  • 401(k)s
  • CalPERS
  • LACERA
  • LACERS
  • CA State Teachers’ Retirement System
  • LA City Employees’ Retirement System
  • Federal Employees’ Retirement System
  • Military pensions
  • 457 plans
  • 403b plans
  • 401a plans

Retirement and Community Property

California is a community property state, meaning any assets or debts obtained from the date of marriage to the date of separation, except for gifts or inheritances to the individual, are considered to be community property and are divided equally between the parties in a divorce. 

This means that any retirement accounts that received marital funds are considered community property and are subject to the 50/50 asset division. Even if only one spouse contributed to the pension or retirement plan, depending on when the payments were made, both spouses may have a right to the money in the plan.

California law may allow interest earned on pre-marital contributions to be considered separate property and not subject to division with the other spouse. Therefore, you may be able to claim a retirement account opened before your marriage as separate property.

Protecting Your Rights and Assets

Dividing a pension or retirement plan between spouses in a divorce property division requires a special order called a Qualified Domestic Relations Order (QDRO) or a Domestic Relations Order (DRO). QDROs are utilized for private retirement plans, while DROs are used for state and federal public retirement plans. This legal order specifies how much each spouse receives. Unless there are separate agreements that apply, the funds qualify as community property and will be divided equally.

A QDRO/DRO takes time to prepare, file, receive a court signature, and be served on the retirement account holder. Before this order becomes binding, a spouse participating in the plan could withdraw some or all of the funds without notifying the other spouse. You may be able to contest this action, but that will take time and money.

Also, without a QDRO/DRO in place before the divorce is granted, someone else may inherit the retirement or pension assets in the event of a death because you are no longer the rightful heir.

Get Seasoned Help for Your Divorce Property Division

The Law Offices of Judy L. Burger helps Californians negotiate the rocks and shoals of divorce and its many details. Among the most complex is dividing marital property—especially pensions and retirement accounts. Judy Burger is a Certified Family Law Specialist with notable experience in property divisions who can help you ensure a fair and equitable distribution of assets in your divorce.

Don’t risk everything you’ve worked for – contact us right away for guidance and representation in your California divorce. We have eight locations throughout North, Central, and Southern California to serve you.

 

Can a California Restraining Order Keep Me Safe?
Restraining Order, California Divorce, Child Custody, Domestic Violence, Legal Separation, Marriage, Mediation, Property Division, Restraining Order, Termination of Parental Rights

Can a California Restraining Order Keep Me Safe?

A California restraining order “(also called a ‘protective order’) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.” But can a restraining order keep you safe? Certified Family Law Specialist Judy L. Burger explains the basic provisions of California restraining orders and how they work.

Types of Restraining Orders

Restraining orders in California can include prohibitions or guidelines for:

  1. Personal Conduct
  2. Distance Exclusions (Stay-Away Orders)
  3. Moving Out (Residence Exclusion Orders)

These orders come in various types:

The subject of the restraining order has restrictions that govern their:

  • Movements
  • Freedoms
  • Living arrangements
  • Custody and visitation rights
  • Immigration and naturalization status or privileges

Restraining orders are designed to keep parties separate and govern the actions of one party to minimize or eliminate the risk of harassment, intimidation, and violence.

When Should I File for a Restraining Order?

Many California residents struggle with the question of when it is appropriate or necessary to file for a restraining order with the court. They ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted. However, if you are asking that question, it may already be time to seek legal protections.

If you ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted, it is likely time to seek legal protection.

Contact The Law Offices of Judy L. Burger for assistance with obtaining a California restraining order or call the National Domestic Violence Hotline at 1-800-799-7233 for immediate help.

If the restrained person violates the restraining order, they may be subject to imprisonment, a fine, or both.

Be Proactive About Your Safety

A legal protection order is a strong defense, but it is only one aspect of protection. You should be proactive about your own safety and the safety of your child(ren). Family Law Attorney Judy Burger can discuss specific provisions with you, but we recommend taking the following actions:

  • Being aware of your surroundings at all times
  • Keeping doors and windows locked at all times
  • Avoiding places or areas where the risk of confrontation is high
  • Do not share your residence information, plans, or whereabouts on social media or with anyone
  • Create an emergency plan in case you need to leave your home or another location
  • Use a third party for any necessary communications with the restraining order subject
  • Immediately report all violations of the restraining order’s provisions

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California and help you keep yourself and your children safe. Contact one of our eight offices across the state for more information.

Get Help Filing for a Domestic Violence Restraining Order

The Law Offices of Judy L. Burger can help you file a petition to the court for various restraining orders. The petition outlines the details of the threats or abuse prompting the order request and includes dates, locations, and all relevant facts. We will also help you collect evidence like videos, images, social media posts, damaged property, physical evidence on your body, medical reports, witness statements, and more. Our team will also help you determine the type of restraining order you need and what you need it to do.