Law Offices of David Lederman

Dividing assets during a divorce can be a complex process, especially when it comes to stocks. In California, community property law requires that any property acquired during the marriage be divided equally between spouses. This story explores the intricacies of stock division in a California divorce, offering valuable insights for those navigating this challenging journey. Imagine a couple in Antioch with a portfolio of highly valued assets, including stock options. When preparing for a divorce, they must address these stocks as part of the division process. Under community property law, any stock purchased or received as options during the marriage is considered marital property and must be split equally. This includes profits from stocks acquired during the marriage and unvested stocks obtained before the wedding but vested during the marriage. However, there are nuances to consider. Dividends or increases in value from stocks purchased before the marriage typically remain separate property, regardless of any associations with the company. But if significant effort was put into improving a company's stock value during the marriage, the courts might consider this community property. The portion your spouse is entitled to is proportionate to the effort you expended on increasing the stock's value. This process is complicated and often requires the expertise of an attorney experienced in high-asset divorces. Dividing stocks in a divorce without professional guidance can lead to significant financial loss. If you are in the midst of a divorce or separation, start documenting the timeframe of your stock options now to simplify the process later. For more detailed guidance on handling stock division in a California divorce, check out the full blog post. ???? ?? Read the full post here: https://lnkd.in/gFZ39DUm

Divorce is a journey with many unexpected twists, and one question that often comes up is: What happens to airline miles accumulated during the marriage? This story delves into that very question, offering insights into how these valuable perks are handled during a divorce. Picture a couple who has spent years traveling together, accumulating thousands of airline miles. These miles, redeemable for flights, upgrades, hotel stays, rental cars, and other perks, become another piece of the marital puzzle to sort out. In California, a community property jurisdiction, divorcing couples typically split marital assets evenly. So, what happens to those coveted airline miles? The value of airline miles is a key consideration. Unlike tangible assets such as homes or cars, airline miles don't always have a clear monetary value. Many airlines assign a nominal value to their miles or state they have no cash value at all. To determine their worth, you might need to calculate the value of the perks they can buy, often assuming each mile is worth about 1.3 cents. Transferring airline miles adds another layer of complexity. Unlike other assets that can be easily split, airline miles are often non-transferable. This means dividing them may not be straightforward. However, exchanging cash or other assets for miles after determining their value could be a feasible solution. Listing all marital and separate assets, including airline miles, is crucial in divorce planning. By addressing every asset, couples can ensure they receive a fair share of what they've accrued together. Curious to learn more about handling airline miles in a divorce? Check out the full blog post for detailed guidance. ???? ?? Read the full post here: https://lnkd.in/gib8wPQ8

Navigating the emotional terrain of divorce is challenging enough without the added complexity of child support decisions. One particularly difficult question that arises is whether parents can agree to waive child support in California. This story dives into the heart of that question, shedding light on the legal and emotional nuances involved. Imagine a couple on the verge of divorce, emotions running high, with critical decisions about their child's future on the line. In the midst of this turmoil, the idea of waiving child support might seem like an attractive shortcut. For the custodial parent, it could appear to be a fair trade for a more favorable visitation schedule or better property division. Unmarried couples might see it as a simple solution to sidestep contentious custody battles. However, despite the seemingly noble intentions, the reality is far more complex. In California, child support is not merely a financial obligation; it is a legal requirement designed to ensure the child's well-being. The law is unequivocal: parents cannot agree to waive child support. This mandate exists to protect the child's best interests, guaranteeing they receive the necessary care and resources. Often, parents overwhelmed by the divorce process consider waiving child support to avoid further conflict. However, this decision can have serious legal repercussions. The courts prioritize the child's needs above all, and any agreement to waive support can backfire, potentially harming a parent's case in court. Understanding the intricacies of child support is crucial for parents making decisions during such a tumultuous time. It is not just about legalities; it is about the welfare of the children involved. For a deeper understanding of the legal landscape and guidance on navigating these difficult conversations, read the full blog post. Your child's future might depend on it. ???? ?? Read the full post here: https://lnkd.in/gsM4phJ3

If you divorce with minor children, child support will be involved. Child support refers to money paid from one parent to another. The non-custodial parent typically makes payments to the custodial parent to help care for the child. Child support pays for necessities such as food, housing, medical care, education, and extracurricular activities. https://lnkd.in/gAPCyZfm

Alimony, or spousal support, is common in many California divorces, especially when there is a huge difference in income between the two parties. When people give or receive spousal support, they do not always think about the taxes involved but they certainly will once April 15 rolls around. Alimony is considered taxable and tax-deductible, so make sure to keep this in mind when filing taxes. If you pay or receive spousal support in California, here is what you need to know about the laws at the state and federal levels. https://lnkd.in/gytbCMPT

Co-parenting between parents during and after divorce to raise their children is a critical aspect of family dynamics. While separation and divorce can be challenging, maintaining a collaborative, cooperative, and respectful parenting relationship is essential for the well-being of the children involved. Here’s why effective co-parenting is crucial in prioritizing the best interest of the children. https://lnkd.in/ghSSJKYY

Sharmeela Kawos, partner at the Law Offices of David M. Lederman, recently wrote an article called The Importance of Co-Parenting During and After Divorce: Prioritizing the Best Interests of the Children. Read the article below! https://lnkd.in/ghSSJKYY

Many people tend to think that their online activities are private, but every website they look at is saved in their history. If they purchase anything online, that record is saved. The same goes for digital media and social media. Many people post on Facebook and other social media sites on a daily basis. They may post random messages or photos, not worrying about how these posts may come back to haunt them in a divorce. Indeed, what you do or say online can and will be used against you when you are trying to agree on issues in a?high-asset divorce case. You could lose out on assets and child custody based on your online activities. https://lnkd.in/gJCiet-u

The Law Offices of David M. Lederman is dedicated to providing honest advice, expert legal solutions, and a commitment to addressing complex family law issues. With a focus on producing timely and cost-effective results, our mission is to guide each client towards a better future. Our team has extensive experience handling diverse cases, from straightforward divorces to intricate child custody disputes involving interstate jurisdictions and Hague Convention matters. Our core values of excellence, personalized attention, technological sophistication, and convenience shape our approach in delivering dedicated and honest family law services to our clients. Learn more about our mission below. https://lnkd.in/g8eYfDM3

The number of couples divorcing after the age of 50 has increased to the point that it now has a name: gray divorce. When you are closer to retirement, it becomes more difficult to make up any shortfall in retirement assets. It is vitally important for you to assert your rights to your share of retirement funds during the property division phase of your divorce. Division of retirement funds may also apply to younger couples who are divorcing. You may be in your 20s, 30s or 40s, and if you or your spouse has accumulated retirement funds, you need to understand your right to your fair share. If applicable, lay your claim now so you will not reach retirement age without access to those funds that accumulated during your marriage. https://lnkd.in/gBr43xFa