Category Archives: Property Division

separate assets
Property Division

Confirming Separate Assets in a CA Property Division

Dividing property in a divorce can be complicated. In California, property division is governed by community property laws, which dictate how assets and debts acquired during the marriage are handled. However, distinguishing between separate assets and community assets is critical for ensuring an equitable division. Understanding these concepts can significantly impact the final agreement at the time of divorce.

Let’s review what constitutes separate assets, guidelines for determining them, and how experienced CA Family Law Attorney Judy Burger can assist you through the property division process.

What Are Separate Assets?

In California, separate assets refer to property owned by one spouse that was acquired before the marriage or through certain means during the marriage. Examples of separate assets include:

  • Property Owned Before Marriage: Any real estate, investments, or personal property that one spouse owned prior to the marriage is considered a separate asset.
  • Gifts and Inheritances: If a spouse receives a gift or inheritance from someone other than their partner, this property is likely to be classified as separate.
  • Certain Personal Injury Awards: Compensation received for personal injury claims, not including lost wages during the marriage, is considered separate.
  • Property Acquired with Separate Funds: If one spouse uses their separate funds to acquire additional property, that property can remain separate.
  • Income from Separate Property: Income generated from separate assets, such as rental income from property owned before the marriage, is treated as separate, unless commingled.

Guidelines for Determining Separate Assets

Identifying separate assets amidst community assets can be challenging, and understanding the distinctions is crucial. Here are some guidelines to help confirm separate assets during property division:

  1. Documentation: Maintaining records of asset ownership is essential. This includes deeds, bank statements, and documentation of gifts or inheritances. Clear records can help support claims that certain assets are separate.
  2. Tracing Funds: In cases where separate and community funds have been mixed, it may be necessary to trace the roots of the assets. A financial expert can assist in differentiating community property from separate property by examining account histories and transaction details.
  3. Legal Definitions: Familiarity with California’s legal definitions is vital. California Family Code Section 770 details the characterization of separate property. Consulting legal statutes helps provide clarity on what qualifies as a separate asset.
  4. Marital Agreements: Pre-nuptial or post-nuptial agreements can define the nature of certain assets as separate. If you have a marital agreement in place, it’s essential to review its terms closely.
  5. Community Property Presumption: In California, all assets acquired during the marriage are presumed community property unless proven otherwise. This presumption means that one must provide sufficient evidence to establish the separate character of the asset in question.

How Attorney Judy Burger Can Help

Navigating the complexities of property division requires a knowledgeable and experienced attorney who understands California’s laws. Judy Burger, a Certified Family Law Specialist, has extensive experience in handling property division matters, and her expertise can greatly benefit you in several ways:

  • Comprehensive Knowledge: With her in-depth understanding of California family law, Judy provides accurate legal advice on asset categorization, ensuring you know which of your assets may qualify as separate property.
  • Strategic Planning: Each divorce case is unique, and Judy takes time to develop a tailored strategy that considers your situation. She helps clients gather necessary documentation and develop an effective approach to demonstrate their claims over separate assets.
  • Expert Negotiation: Judy’s practice involves negotiating terms that can lead to a fair settlement. Her skilled negotiation techniques can help resolve disputes over property division without the need for lengthy court interventions.
  • Litigation Experience: If negotiations fail and your case goes to court, Judy’s litigation skills come into play. Her familiarity with court procedures and effective advocacy can yield better outcomes in asset division disputes.
  • Resource Networking: Beyond legal assistance, Judy has a network of financial experts and appraisers. This collaboration can enhance your case in terms of valuing assets accurately and proving their separate nature.

FAQs About Separate Assets

What is the difference between separate and community property in California?

Community property refers to assets obtained during the marriage, while separate property belongs solely to one spouse, often acquired before marriage or through gifts and inheritances.

How can I prove that an asset is separate?

Proof usually involves providing documentation showing ownership before the marriage or demonstrating that it was received as a gift or inheritance. Tracing funds can also establish separation.

Can my spouse claim my separate assets?

Generally, no. However, if separate assets are commingled with community assets, it may be more challenging to prove they remain separate.

Is income earned from separate property considered separate?

Yes, unless the income has been significantly invested into community property, in which case it may complicate the distinction.

What role does a prenuptial agreement play in separate assets?

A prenup can clearly define certain assets as separate, helping to protect them during a divorce. If you have a prenup, it is essential to review its terms with an attorney.

Experienced CA Property Division Lawyer

Understanding separate assets and their distinction from community property is crucial when navigating a divorce in California. Having an experienced attorney like Judy L. Burger by your side can ensure you receive the guidance necessary to protect your rights and your assets. With her expertise, personalized approach, and negotiation skills, you can work towards achieving a fair division that respects both your interests and those of your family.

If you’re facing a divorce, contact The Law Offices of Judy L. Burger today for a consultation to discuss your property division concerns.

What Are the Nuances of "Graying Divorce?"
California Divorce, Debt, Property Division

What Are the Nuances of “Graying Divorce?”

As life expectancy continues to increase, more couples in their 50s and beyond are finding themselves contemplating divorce. Dubbed “graying divorce,” this trend highlights a unique segment of divorcing couples, whose legal and emotional challenges often differ significantly from those faced by younger individuals. For those navigating this complex process in California, the guidance of a skilled attorney can make a tremendous difference.

What Is Graying Divorce?

Graying divorce refers to the phenomenon of older couples, typically those over the age of 50, seeking divorce after many years, or even decades, of marriage. According to statistics from the National Center for Family & Marriage Research, this trend has been steadily increasing since the 1990s. Often, these couples face a host of issues that can complicate the dissolution of their marriage.

Unique Challenges of Graying Divorce

What makes graying divorce more challenging?

  • Division of Assets: Unlike younger couples, graying couples often have more substantial assets, including retirement accounts, pension plans, real estate, and other investments. Determining the equitable distribution of these assets can be complex, especially if one spouse is nearing retirement or if there are significant changes in asset values due to market fluctuations.
  • Retirement Plans: Many older couples have built their financial security on joint retirement plans. In a gray divorce, considerations regarding Social Security benefits, pension plans, and retirement accounts become incredibly important. It is crucial to fully understand how dividing these assets may impact future financial stability and retirement plans.
  • Health Issues and Care Needs: As individuals age, health concerns may arise that can significantly impact divorce proceedings. Issues such as long-term care requirements or medical expenses must be factored into asset division and alimony discussions, as one spouse may require more financial support if they have chronic health conditions.
  • Spousal Support (Alimony): The support that one spouse may provide to another post-divorce can differ greatly for older couples. Unlike younger couples, the duration and amount of spousal support can become contentious, particularly if one spouse knows they may not have the time to increase their earning potential due to age or health issues.
  • Emotional and Psychological Impact: Older couples may already have deep-rooted emotional connections and shared histories that make the process of separation particularly painful. Additionally, the fear of loneliness, financial insecurity, and anxiety about starting over in later life can create emotional turmoil that affects both parties.

How Judy Burger Can Help

At The Law Offices of July L. Burger, we recognize the unique challenges that graying divorce presents. Our team is dedicated to providing tailored legal support that addresses the specific needs of our clients. We understand that this stage of life comes with its own set of concerns, and we work diligently to ensure that our clients navigate the process smoothly and with clarity.

  1. Thorough Asset Evaluation: We provide comprehensive evaluations of marital assets, ensuring all possessions are accounted for and fairly valued. Our expertise enables clients to understand their rights regarding retirement benefits and other complex financial matters.
  2. Advising on Retirement Implications: Judy Burger is well-versed in the intricacies of how divorce affects retirement plans and Social Security benefits. We will help you analyze your options, helping ensure you maintain financial security in your later years.
  3. Emotional Support Resources: During this challenging time, we recognize the emotional burden our clients bear. We can offer resources and referrals to counseling services to support you through this difficult transition.
  4. Negotiation of Spousal Support: Our firm will advocate for your best interests in negotiating any spousal support arrangements, focusing on the long-term financial stability of our clients post-divorce.
  5. Mediation and Settlement Options: Recognizing that not every divorce must go to court, we explore alternative dispute resolution options, including mediation, to reduce the strain of adversarial proceedings.

FAQs About Graying Divorce

What constitutes a “graying divorce?”

A graying divorce typically involves couples over the age of 50 seeking divorce after a long-term marriage, often with complex financial and emotional circumstances.

How does asset division differ in a graying divorce?

Older couples typically have more substantial and diverse assets, including retirement accounts, pensions, and real estate, which necessitate careful evaluation and equitable distribution.

What should I consider regarding spousal support?

Factors such as the duration of the marriage, discrimination in earning potential due to age, health issues, and the financial needs of both spouses will influence spousal support agreements.

How do retirement benefits factor into a graying divorce?

Retirement benefits are a major consideration, as dividing them can impact your long-term financial security. It’s essential to work with an attorney who understands the intricacies of retirement benefits in divorce.

Can mediation be effective in graying divorces?

Yes, mediation can be a fruitful alternative to traditional court proceedings, allowing for a more amicable resolution that can save time, money, and emotional turmoil.

Certified CA Family Law Specialist for Graying Divorce

Graying divorce is a significant reality for many couples opting to part ways later in life. With the right legal guidance, such as that offered by The Law Offices of July L. Burger, individuals can navigate the complexities of this process with confidence.

Whether you’re just considering the possibility of divorce or already in the midst of proceedings, having knowledgeable support by your side can make all the difference.

Tips for Dividing Personal Property in a Property Division
California Divorce, Property Division, Property Division

Tips for Dividing Personal Property in a Property Division

Dividing personal property during or after a divorce can be one of the most challenging experiences in life, both emotionally and logistically, as well as financially. In California, which follows community property laws, the approach to dividing assets can significantly affect both parties. Understanding how to navigate the complexities of property division, particularly when it comes to personal property, is crucial for achieving a fair outcome.

California Certified Family Law Specialist Judy L. Burger reviews the basics of California property division and provides several tips for effectively dividing personal property during a divorce.

Explaining a California Property Division

In California, all assets and debts acquired during the marriage are considered community property and are subject to equal division upon divorce. This means that, regardless of who holds the title or who paid for certain assets, both spouses have a legal claim to half of the community property. On the other hand, separate property—assets acquired before marriage or received as gifts or inheritances during the marriage—generally belongs solely to the original owner.

Personal Property in Property Division

Personal property encompasses a wide range of items, including furniture, appliances, electronics, artwork, vehicles, and personal belongings. The division of personal property can be particularly contentious, as emotional attachments to certain items often complicate the negotiation process. Here are some tips to consider when dividing personal property during a divorce:

Make a Comprehensive Inventory

Start by creating a detailed inventory of all personal property accumulated during the marriage. This list should include descriptions, estimated values, and any important notes about the items’ significance. Having a clear inventory helps both spouses understand what is at stake and can streamline discussions about who will keep what.

Understand the Value of Items

While sentimental value may be significant, it’s essential to approach the division of personal property from a financial perspective. For items of considerable value, such as art, jewelry, or collectibles, consider getting professional appraisals to understand their market worth. This will help facilitate fair negotiations and ensure that both parties feel adequately compensated.

Communicate Openly

Effective communication is vital during property division. Discuss your desires regarding personal property with your spouse openly and respectfully. Listen to their preferences as well, as this can lead to compromises that accommodate both parties’ interests. A willingness to negotiate can help minimize conflict and facilitate a more amicable resolution for both spouses.

Prioritize Essential Items

Some personal property may hold more value or be more necessary than others, depending on each spouse’s comfort and lifestyle after divorce. Determine which items are essential for daily living, such as essential furniture, kitchen appliances, or technology. By prioritizing the division of these items first, you can create a more structured and manageable approach, leaving less critical items to be negotiated afterward.

Consider Alternate Methods of Division

Sometimes, splitting items evenly isn’t feasible. In such cases, consider compensating one spouse for their share in a way that’s equitable. For instance, if one spouse holds a more valuable item, they can provide the other spouse with additional compensation in the form of cash or other assets. This method can ensure both parties feel satisfied with the property division while maintaining a focus on equitable outcomes.

Keep Emotions in Check

Divorce is an emotional process, and personal property disputes can easily exacerbate feelings of loss and resentment. It’s essential to remain as objective as possible and not let emotions influence your decisions. If discussions become heated, consider pausing the conversation and revisiting it later when both parties can approach it in a calm manner.

Seek Professional Assistance

Navigating the complexities of property division can often be overwhelming. Enlisting the help of a skilled family law attorney, such as Judy L. Burger, can make a significant difference. With extensive experience in handling complex and highly charged personal property divisions, she can provide sound legal advice tailored to your specific circumstances, ensuring a fair and equitable resolution.

How Judy L. Burger Can Help

Judy L. Burger is a Certified Family Law Specialist with a reputation for navigating the complexities of property division with empathy and precision. Her extensive experience in California family law allows her to provide clients with the necessary insights to make informed decisions about the division of personal property. She can mediate disputes, facilitate productive discussions, and provide legal representation when necessary, making the process smoother for her clients. With her by your side, you can focus on what matters most: moving forward and starting anew.

Personal Property Division FAQs

What is considered community property in California?

Community property includes all assets and debts acquired during the marriage, excluding gifts and inheritances received by one spouse.

How do I value personal property during a divorce?

Valuation can be done through careful consideration of purchase prices, appraisals, or current market values. It’s essential to have documentation of these assessments for negotiations.

Can my spouse take items that I bought before the marriage?

Items purchased before the marriage are generally considered separate property, and your spouse typically does not have a claim to them unless they have been commingled with community property.

What if we can’t agree on who keeps certain items?

If negotiations break down, involving a mediator or an experienced family law attorney can help facilitate discussions and find a fair resolution.

Is it possible to go to court over the division of personal property?

While it’s always preferable to resolve property division amicably, disputes can be taken to court if necessary. In such cases, a judge will make the final determinations on asset division.

Experienced Guidance in Personal Property Division Negotiations

Navigating the division of personal property during a divorce doesn’t have to be overwhelming. By following these tips and seeking expert guidance from Judy L. Burger, you can ensure a more balanced and less contentious process, helping you move forward with clarity and confidence. Contact us today to learn more.

How Do Commingled Assets Complicate a Property Division?
Mediation, Property Division, Property Division

How Do Commingled Assets Complicate a Property Division?

In California, property division during a divorce can be complex and often contentious. The state follows the principle of community property, which stipulates that most assets and debts acquired during the marriage are owned jointly by both spouses. However, things can get particularly complicated when separate property becomes commingled with community property.

California Certified Family Law Specialist Judy L. Burger discusses how commingled assets affect property division for anyone navigating the divorce process in California.

What Are Commingled Assets?

Commingled assets arise when separate property—assets that one spouse owned before the marriage or received as a gift or inheritance during the marriage—becomes mixed with community property. For example, if one spouse has a savings account established before marriage and deposits the couple’s income into that account, the separate funds can become commingled. As a result, it may be challenging to distinguish between what belongs to whom during property division.

California law recognizes two categories of property in a divorce: community property and separate property:

  1. Community property includes everything acquired during the marriage, with some exceptions (inheritances and gifts, for example).
  2. Separate property is defined as property owned by one spouse prior to marriage or acquired after the separation, provided it is not mixed with community property.

In a divorce, the court aims to equally divide community property. This means understanding what constitutes community property versus separate property is essential. If separate property becomes commingled, it can be classified as community property, significantly affecting what is subject to division and how assets are split.

Challenges of Proving Ownership

One of the primary complications that arise from commingled assets is proving ownership. If separate assets have been mixed with community assets, it can be challenging to trace the origins of funds and determine the percentage that can be deemed the separate property of one spouse.

To navigate this challenge, parties may need to provide documentation, such as bank statements, transaction records, and other financial documentation, to show when and how the funds were used. This can lead to disputes and extended negotiations, especially if one spouse has significantly more documentation or information than the other.

Tracing the Asset

Tracing is a method used by courts and attorneys to determine the origin of commingled funds. To successfully trace assets, the following steps typically need to be taken:

  • Establish the Separate Property: The spouse claiming separate property will need to demonstrate the original source of the asset. This could involve showing bank statements from before the marriage or documentation pertaining to an inheritance.
  • Identify Commingling: Once the separate property is established, it’s necessary to identify when and how it was commingled with community property. This requires a detailed analysis of account records and transactions.
  • Calculate the Proportions: After establishing the separate property, the next step is to calculate what portion of the commingled asset can be allocated to it. This often involves complicated formulas, especially when dealing with investments, real estate, or business interests.

Implications for Property Division

The complications arising from commingled assets can significantly impact how property is divided during a divorce. If a court determines that commingled assets have transformed separate property into community property, the originating spouse may lose their sole claim to the asset.

For instance, imagine a scenario where one spouse uses their separate funds to purchase a house, and over the years, both spouses contribute to mortgages and renovations. If the initial purchase was made with separate funds, it may still be considered community property based on subsequent contributions, leading to a complicated division of equity in the property.

Moreover, deliberately comingling assets in an attempt to cause confusion before a divorce could also be viewed as dissipation or wasteful misconduct.

Best Practices to Prevent Commingling

To avoid the complications associated with commingled assets, couples can take proactive steps, such as:

  • Maintain Separate Accounts: Keep separate bank accounts for individual savings and earnings while using joint accounts strictly for shared expenses.
  • Document Contributions: When making significant purchases or investments, maintain detailed records of who contributed what, which will help clarify ownership should a divorce occur.
  • Prenuptial and Postnuptial Agreements: These contracts can clarify how assets will be divided and help mitigate disputes related to commingled property in the event of a divorce.

Get Experienced Help with Divorce Property Divisions in California

Commingled assets can complicate property division in California, so experienced help is crucial for anyone preparing for or undergoing a divorce. If you find yourself overwhelmed by these complexities, schedule a confidential consultation with CA Family Law Attorney Judy Burger. She can provide clarity and guidance to navigate the nuances of California property division laws effectively. Whether you are contemplating divorce or in the middle of the proceedings, being informed can empower you to safeguard your interests.

 

Handling Digital Assets in a Property Division
California Divorce, Property Division, Property Division

Handling Digital Assets in a Property Division

One area that is often overlooked during a divorce is the division of digital assets. In today’s technology-driven world, understanding how to handle digital assets during a divorce in California can be confusing. CA Certified Family Law Specialist Judy L. Burger explores what constitutes digital assets, how they are classified, and the steps you can take to ensure a fair property division.

What Are Digital Assets?

“A digital asset is anything digital that has value, establishes ownership, and is discoverable.”

According to the Internal Revenue Service (IRS), “For U.S. tax purposes, digital assets are considered property, not currency. A digital asset is stored electronically and can be bought, sold, owned, transferred, or traded.”

The tax definition of a digital asset is “any digital representation of value recorded on a cryptographically secured, distributed ledger (blockchain) or similar technology.”

Digital assets encompass a broad range of online properties and items. These can include, but are not limited to:

  • Cryptocurrency: Digital currencies like Bitcoin, Ethereum, and others.
  • Social Media Accounts: Profiles on platforms such as Facebook, X (formerly Twitter), Instagram, and LinkedIn.
  • Digital Media: Photos, videos, music files, and e-books stored on devices or in cloud storage.
  • Online Accounts: Email accounts, online subscriptions, and loyalty programs that may have monetary value.
  • Intellectual Property: Any digital content created, such as blogs, eBooks, websites, or applications.

How Are Digital Assets Valued?

One of the first steps in dividing digital assets is to determine their value. Unlike traditional assets, the value of digital assets can fluctuate significantly. Here are some approaches to consider:

  • Cryptocurrency: The value of cryptocurrencies can change rapidly. It’s important to assess the value at the time of the divorce or when the asset is being divided.
  • Social Media: While social media accounts often hold no direct monetary value, they can have significant value tied to branding or followership for business owners or influencers.
  • Digital Media: Photos and videos may have sentimental value but often lack market value unless they pertain to a business or are licensed for commercial use.

CA Property Division Lawyer Judy Burger has long-term working relationships with forensic accountants and actuaries, business and corporate attorneys, and other professionals who can assist with valuing different types of digital assets.

Community Property vs. Separate Property

California is a community property state, meaning that most assets acquired during the marriage are considered community property and must be divided equally between both spouses. However, determining which assets fall under community property and which are separate can be challenging, especially with digital assets.

Community property generally includes any digital assets acquired during the marriage. For example, if a cryptocurrency investment was made using joint funds, it’s considered community property.

Separate property is any assets acquired prior to the marriage or assets received as gifts or inheritances. If a spouse had a digital asset before marriage, it typically remains their separate property.

Key Considerations for the Digital Asset Division

CA Certified Family Law Specialist recommends the following when approaching a digital asset division:

  1. Full Disclosure: Both parties must fully disclose all digital assets. Hiding digital assets can lead to legal repercussions and negatively impact future negotiations.
  2. Access to Accounts: Ensure both parties have the necessary access to important digital accounts during the division process. This may involve sharing passwords or transferring ownership.
  3. Documentation: Keep thorough records of all digital assets. Screenshots, purchase receipts, and valuations can aid in the division process.
  4. Consulting an Expert: If there’s significant value or complexity in your digital assets, Judy Burger can connect you with a professional who specializes in digital asset valuation.
  5. Seeking Legal Guidance: Judy L. Burger is a highly qualified family law attorney experienced in digital asset division who can help you:
  • Understand your rights and obligations regarding digital assets.
  • Ensure thorough and fair asset disclosure.
  • Negotiate a division that accurately reflects the value of all assets, including digital ones.

Don’t Neglect Valuable Digital Assets in a CA Property Division

In the digital age, it’s crucial to recognize that assets go beyond physical property. Handling digital assets with care and proper legal guidance can lead to a smoother property division during a divorce in California. By being informed and prepared, you can protect your interests and secure a fair outcome.

If you need assistance with navigating digital asset division in your divorce, schedule a consultation with Attorney Judy L. Burger at one of her eight offices across California.

 

Top Tips for the Smoothest Property Division
California Divorce, Property Division

Top Tips for the Smoothest Property Division

Dividing property during a divorce can be one of the most challenging and potentially problematic aspects of the process. Disagreements and misunderstandings can lead to serious mistakes and costly court battles. However, with careful planning and guidance, you can achieve a fair and equitable property division.

California Certified Family Law Specialist Judy L. Burger offers ten essential tips to help you navigate property division smoothly.

Property Division Top 10 Tips

Property division is typically the most problematic aspect of any divorce, but it doesn’t have to be like that; get informed and equipped for negotiations with these simple tips.

1. Know What Property is Marital vs. Separate

Because California is a community property state, separate and marital property is handled differently during a divorce:

  • Marital Property: Generally includes assets and debts acquired during the marriage. Familiarize yourself with your state’s laws regarding marital property to understand what will be subject to division.
  • Separate Property: Typically includes assets owned before the marriage or received as gifts or inheritances during the marriage. Clearly identify what qualifies as separate property.

2. Create a Comprehensive Inventory

List all assets and liabilities, including real estate, bank accounts, investments, retirement accounts, vehicles, inheritances, and personal property. This inventory will serve as the foundation for discussions and negotiations. Be honest and thorough to avoid complications later.

3. Assess the Value of Your Property

Get accurate valuations for significant assets. Consider hiring professionals, such as appraisers or financial experts, to provide credible assessments of property values. Knowing exactly what your assets are worth will aid in fair negotiations.

4. Understand the Impact of Debts

Property division is not solely about assets; consider debts too. Outstanding mortgages, credit card balances, and loans must also be addressed. Decide how to equitably divide the debts alongside the assets to avoid future financial burdens.

5. Prioritize Open Communication

Honest and respectful dialogue with your ex can lead to smoother negotiations. Discuss your priorities and concerns regarding property division directly. Aim for a collaborative approach rather than an adversarial one to create a more amicable environment.

6. Consider Mediation or Collaborative Law

If negotiations are challenging, consider using mediation or collaborative law services. These alternatives to traditional litigation can help both parties reach a mutually acceptable agreement with the support of professionals. Mediation can often lead to quicker resolutions and reduced stress.

7. Be Realistic with Your Expectations

Understand that compromise is often necessary in property division. Be willing to negotiate and prioritize what is most important to you, which can facilitate smoother discussions. Focus on equitable, not necessarily equal, division based on your specific circumstances.

8. Keep Emotion in Check

Property division can bring up strong emotions tied to relationships and memories. Strive to keep emotions separated from negotiations to make rational decisions. Take breaks if necessary and seek support from friends, family, or professionals to help manage stress.

9. Document Everything

Keep a record of all communications, agreements, and transactions regarding property division. This documentation can be invaluable if disputes arise later. Ensure that any agreements are formalized in writing and filed with the court if applicable.

10. Consult a CA Certified Family Law Specialist

Engage with CA Certified Family Law Specialist Judy Burger. She can provide valuable advice specific to your situation and ensure your rights are protected during the process. She can also help you understand state laws and guide you through negotiations and court proceedings if necessary.

Navigating the complexities of property division during a divorce doesn’t have to be overwhelming. By following these tips and seeking professional guidance throughout, you can work towards a fair resolution that sets the stage for your new beginning. Remember that clear communication and a focus on mutual interests can lead to a smoother process overall.

Contact The Law Offices of Judy L. Burger today to get seasoned guidance with your California divorce property division.

 

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!

 

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. 

Do You and Your Divorcing Spouse Own a Business?
California Divorce, Property Division, Property Division

Do You and Your Divorcing Spouse Own a Business?

Dividing assets in a California divorce can be challenging, especially when the spouses jointly own a business. What will happen to your business in the divorce? A variety of factors come into play with business valuations in a California divorce property division. Do you and your divorcing spouse own a business? California Family Law Attorney Judy L. Burger reviews some common challenges.

Jointly-Owned Businesses Are Community Property in California

In the state of California, the concept of community property applies in divorce or legal separation cases. This means that all assets and property acquired by the couple during the marriage are divided equally. Any property or debts obtained while the marriage is intact are considered community property, while separate property includes assets owned by one spouse before the marriage or gifts given only to one spouse.

Separate property is not subject to division in a divorce case, as the courts do not have the authority to distribute one party’s separate property to the other.

In divorce cases, a business owned jointly by the spouses is classified as an asset and is subject to division between the parties. Valuing the business can be difficult as each spouse may have different opinions about its worth, and some of these opinions may be challenging to quantify objectively. As a result, disputes and conflicts frequently arise in these situations.

Court Considerations When Dividing a Jointly-Owned Business in a Divorce

Courts weigh many factors when dividing a business. Attorney Judy L. Burger works with various real estate, business, and financial professionals to establish the best valuation of your business to facilitate a fair and equitable division of assets. However, there are many legal and intangible factors that come into play when seeking the most equitable division of a business and its assets. Here are some of the critical factors the court will weigh in its decision:

  • Did the business exist before the marriage?
  • Was your spouse formally added to the business’ ownership documentation?
  • What is the business’ legal structure (sole proprietorship, LLC, partnership, S-corporation, etc.)?
  • Is there a formal partnership agreement including the spouse?
  • Has the business been operated under a sole proprietorship, although both spouses worked in the business?
  • Are other partners involved besides the divorcing spouses?
  • What is the percentage owned by each partner?
  • How involved was each spouse in running the business?
  • What value does each spouse bring to the business?
  • Did one spouse borrow from family funds to buy something for the business?
  • Can one partner buy out the other(s)?
  • How will the remaining family assets and liabilities be divided?
  • How will each spouse earn a living outside of the business?

What If I Owned the Business Before the Marriage?

If you started your business before getting married and did add their name to business documents or legally make them a co-owner, the business may be considered separate property in a divorce. This could protect the business from being divided as community property.

However, you may still have to share the business’ appreciation that occurred during the marriage. During your marriage, the increase in value of the business and the income generated may be viewed as community property.

Also, your spouse’s contributions to the business during your marriage will be considered. This may involve actively working for the business or supporting the household while you focus on work.

Get Help with Business Valuations and Property Division in a CA Divorce

Determining the value of a business in a divorce case is a complex task that requires specialized skills and knowledge. Certified Family Law Specialist Judy Burger collaborates with seasoned valuation experts to guarantee an equitable and precise assessment of your business. She is dedicated to upholding fairness and protecting your rights throughout the divorce and property division process.

Contact The Law Offices of Judy L. Burger for more information and to schedule a consultation.