In a divorce, dividing property is often one of the most complicated tasks for spouses. In California, divorcing spouses must split any property acquired during the marriage, but there are some exceptions.
Can you Afford to Buyout your Spouse and Keep the Family Home? During a divorce, you’ll be faced with many decisions that will affect your long-term financial security. Couples tend to have strong attachments to the family home, so decisions about whether to keep the home or sell it can be very emotional, especially when children are involved.
If you’re going through a divorce and want to receive your fair share of the retirement benefits acquired during your marriage, you need to make sure that your rights under these retirement plans are fully protected. In many cases, this will require the use of a Qualified Domestic Relations Order (QDRO).
Some assets are easy to divide in a divorce - selling a car and dividing the profits is usually a no-brainer. Dividing stock options, however, can present a unique set of challenges. Stock options that can’t be sold to a third party or don’t have any real value (for example, stock options in a private company or unvested options) can be difficult to value and divide.
If you're planning to get married, a prenuptial agreement (also known as a "premarital agreement," or sometimes simply a "prenup") might be the last thing on your mind. On the other hand, if this isn't your first marriage, or if you have significant property or savings built up, you may already be wondering if a prenup would be a good idea.
Many couples choose to make agreements with their spouse – most often about who owns what property. While prenuptial agreements are the most well-known marital agreements, couples can also make agreements during their marriage and when getting divorced.