How to Calculate Child Support in California? | California Divorce

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How to Calculate Child Support in California?

I’m Tim Blankenship with Divorce661. If you’re facing a divorce or separation in California, one of the first—and most stressful—questions is: how much will I have to pay (or receive) in child support? The good news: it’s not a guessing game. California uses a statewide guideline formula that produces consistent results when applied correctly. Here’s a clear, practical guide to what goes into that calculation and how to make sure your numbers are accurate.

Understanding California’s Statewide Guideline Formula

The guideline is a formula designed to be fair and predictable. It primarily looks at two things:

  • Each parent’s income
  • The amount of time each parent spends with the child (parenting time or timeshare)

“It’s not a guessing game. There’s a specific formula.”

The formula includes wages, bonuses, commissions, and self-employment earnings. Anything that counts as regular income can affect the calculation. The intent is to capture the true financial picture of both parents so support reflects actual ability to pay and the child’s needs.

What Income Is Included?

When calculating guideline child support, the calculation considers most forms of earned income and certain types of unearned income. Common items included are:

  • Wages and salaries
  • Bonuses and commissions
  • Self-employment income
  • Regular overtime or other recurring compensation

It’s important to report these accurately. Missing or misstating income can lead to an incorrect support obligation—either too high or too low.

How Parenting Time Affects Your Obligation

Parenting time (how many nights or percentage of time a child spends with each parent) is a major factor. Generally, the more time you have with the child, the lower your child support obligation will be. That’s because greater custody time typically means you are directly paying a larger share of the child’s day-to-day expenses.

Small changes in timeshare can have a meaningful effect on the monthly amount. That’s why accurate calculation and careful documentation of parenting time are critical.

Other Expenses That Can Change the Calculation

Certain payments one parent makes on behalf of the child can reduce the guideline amount. A primary example is health insurance:

  • If one parent pays the child’s health insurance premiums, that payment is considered in the guideline calculation and can lower the monthly support amount.
  • Other child-related recurring expenses—when properly documented—may also be factored into negotiated agreements or the court’s determination.

Real Case Example

Here’s a brief example from our practice that shows how much difference accurate calculations and circumstances can make:

  • A father feared he would owe over $1,000 per month.
  • Using court-approved software and accurate inputs, we calculated the guideline amount at under $500 per month.
  • Why the big difference? He had nearly 50% custody and was paying the child’s health insurance—both significantly reduced his obligation.

That example illustrates two lessons: custody time matters, and documenting payments like insurance matters.

Why Using the Right Tools Matters

Court-approved calculators apply the statewide guideline consistently. Using those same tools ensures the numbers you rely on are the ones a judge or family law facilitator will see. Without accurate tools and inputs, you risk overpaying or underestimating what the court might order.

At Divorce661, we run the same calculations courts use so clients get precise figures—not rough estimates. That precision helps you make informed decisions and avoid surprises at filing or in court.

Can You Agree to a Different Amount?

Yes. If both parents agree to a different child support amount than the guideline result, you can document that agreement and submit it to the court for approval. Families adjust guideline amounts for many legitimate reasons, but the agreement should be clear, documented, and ideally reviewed by a professional to ensure it’s enforceable and in the child’s best interest.

We help clients understand their options, negotiate if needed, and prepare the proper paperwork so any negotiated arrangement is legally sound.

Take Control—Get It Right the First Time

Child support calculations can feel overwhelming, but with the right information and tools you don’t have to guess. Accurate inputs, reliable software, and attention to custody and documented expenses will give you the clearest result.

No stress, no guesswork. If you want help calculating child support the right way, visit divorce661.com for a free consultation. We’ll run the numbers using the same tools courts use and explain what affects your calculation so you can make informed choices.

Final thought

Child support is about fairness for parents and stability for children. Understand the formula, gather accurate income and timeshare information, document expenses like health insurance, and use court-approved tools so your outcome reflects reality—not guesswork.

How to Modify Spousal Support in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Modify Spousal Support in California

I’m Tim Blankenship of Divorce661. If your financial circumstances have changed since your spousal support order was entered, you may be able to modify that order in California. In this article I’ll explain what counts as a “material change in circumstances,” walk through a real client example, outline the steps we take to request a modification, and share practical tips to improve your chances of success.

What is a “material change in circumstances”?

A modification of spousal support in California requires a demonstrable, substantial change in circumstances since the original order. Examples include:

  • Job loss or involuntary reduction in income
  • A significant drop (or increase) in either party’s earnings
  • Retirement that meaningfully affects income
  • The supported spouse becoming self-supporting

Important: Time passing by itself is not a valid reason to modify spousal support. You must show a real, material change that justifies adjusting the original order.

Time alone isn’t a valid reason for modification.

Real case example: how updated financials changed a long-standing order

We recently helped a client who had been paying spousal support for nearly 10 years. After a career change his income dropped significantly while his ex-spouse’s income increased. By preparing updated financial disclosures and filing a modification request, we were able to show the court that the circumstances had materially changed. The client’s monthly payment was reduced nearly in half.

This case highlights two critical elements: (1) a clear demonstration of changed finances, and (2) accurate, current supporting documentation.

How we help at Divorce661

At Divorce661 we offer a flat-fee approach to support modification. Our typical services include:

  • Reviewing your existing spousal support order and financial situation
  • Preparing and filing court-ready documents to request a modification
  • Drafting stipulations if both parties agree—often avoiding a contested hearing
  • Handling the process from start to finish, so you can move quickly and affordably

We also provide a free consultation to review your options and determine the best path forward.

Step-by-step: how a spousal support modification usually proceeds

  1. Gather and review the original support order and all current financial information.
  2. Confirm that a material change exists and calculate the likely impact on support.
  3. Prepare the necessary court forms and supporting declarations (pay stubs, tax returns, profit/loss statements, retirement paperwork, etc.).
  4. Attempt to reach an agreement with the other party; if successful, draft a stipulation for the court.
  5. If no agreement is reached, file a Request for Order and present the evidence to the court at a hearing.
  6. Obtain a revised court order reflecting the modification.

Documentation that strengthens your modification request

Accurate paperwork is the backbone of any successful modification. Commonly requested documents include:

  • Recent pay stubs and employer verification
  • Federal tax returns (individual and business, if applicable)
  • Profit and loss statements for self-employed individuals
  • Proof of job loss, reduction in hours, or disability
  • Retirement statements or pension documentation
  • Evidence of the supported spouse’s income increase (if relevant)

Common questions and quick tips

Will the court reduce support just because I’ve been paying for a long time?

No. Longevity alone is not enough. You must show a material change in circumstances that justifies a reduction.

Can both parties agree to a modification without going to court?

Yes. If both parties sign a written stipulation, we can submit it to the court to replace the existing order—often a faster and less expensive option.

How important is accuracy in financial disclosures?

Extremely important. Updated, accurate financials make your case credible and improve the chance of a favorable outcome.

Next steps

If you think your spousal support order no longer reflects your financial reality, we can help you evaluate your situation and pursue a modification. Visit Divorce661.com to schedule your free consultation and learn how we can handle the paperwork, filings, and negotiations to get your order aligned with today’s circumstances.

Do you think spousal support should have a time limit in California? We’d love to hear your thoughts.

 

How to Enforce Spousal Support Orders in California | Los Angeles Divorce

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How to Enforce Spousal Support Orders in California

I’m Tim Blankenship from Divorce661. If your ex has stopped paying spousal support in California, you don’t have to sit and wait—there are strong legal tools available to make them comply. In this article I’ll walk you through the enforcement options, what to do first, and how to get your support payments moving again.

Why you should act quickly

Unpaid spousal support can accumulate interest and put you in a difficult financial spot. The courts expect support orders to be followed, and when payments stop, prompt action increases the likelihood you’ll recover the money owed. Don’t let unpaid support pile up. Act promptly to secure your financial future.

Common enforcement tools the court can use

California courts have several enforcement mechanisms to collect spousal support. Knowing your options helps you choose the right strategy for your situation.

Wage garnishment / wage assignment

The court can issue a wage assignment (also called wage garnishment) that directs your ex-employer to withhold a portion of their paycheck and send it to you automatically. This is often the fastest, most reliable way to restart payments—especially if your ex changed jobs and payments stopped.

Contempt of court

If a person willfully disobeys a support order, the court can hold them in contempt. That can lead to fines or even jail time. Contempt is a powerful remedy but usually requires the court to find that the non-paying spouse had the ability to pay and chose not to.

Liens, levies, and bank garnishments

The court can place liens on property, levy bank accounts, or use other collection devices to secure unpaid support. These tools can be effective when wage garnishment isn’t possible or if there’s a lump-sum owed.

Interest on unpaid support

Unpaid spousal support typically accrues interest. That means delaying enforcement can increase the total amount owed—another reason to file an enforcement request sooner rather than later.

The Department of Child Support Services (DCSS) — when to involve them

While DCSS primarily enforces child support, they can sometimes assist with spousal support matters depending on the case circumstances. If you already work with DCSS or your case has elements that overlap with child support, coordinating with them can add another enforcement pathway.

Real client example: How enforcement can work

One of our clients experienced a sudden stop in spousal support after their ex changed jobs. They were unsure what to do, so we filed enforcement paperwork with the court. The court issued a new wage assignment and payments resumed automatically—no drawn-out court fight was necessary. This demonstrates how effective filing an enforcement request can be.

How to start: filing an enforcement request

Here’s a basic roadmap to enforcing a spousal support order in California:

  • File a Request for Order (RFO) or enforcement paperwork with the family court that issued the support order.
  • Ask the court for a wage assignment, arrears judgment, contempt hearing, or other appropriate relief.
  • Provide proof of the missed payments and any communications about payment.
  • Serve the other party with the paperwork and attend any required hearings.
  • If ordered, coordinate with your ex’s employer or financial institutions to implement garnishments or levies.

Typical documents to gather

  • Copy of the spousal support order or judgment
  • Bank statements and payment records showing missed payments
  • Paystubs or proof of your ex’s employment changes (if available)
  • Any written communications about the payments

What to expect: timeline and outcomes

Timelines vary. A simple wage assignment can be issued fairly quickly and produce automatic payments within a few pay cycles. Contempt proceedings or contested hearings take longer. Regardless, filing enforcement paperwork starts the clock and helps preserve your rights and the amount owed.

Practical tips

  • Act immediately after the first missed payment—prompt enforcement prevents bigger arrears and interest.
  • Document everything. Clear records make enforcement smoother.
  • If your ex changes jobs, a new wage assignment can be issued to the new employer.
  • Consider professional help to prepare the paperwork and handle coordination with courts and employers.

How I can help

At Divorce661 we file enforcement requests, handle wage garnishments, and coordinate with the court and support services so you get the payments you’re legally owed. We offer flat-fee services across California and a straightforward process to get enforcement moving quickly and with less stress.

Schedule a free consultation at divorce661.com to discuss your case and next steps. By taking action today, you can regain control of your financial situation and ensure you receive the support entitled to you.

Conclusion

Unpaid spousal support is serious, but California provides effective enforcement tools—from wage garnishments and wage assignments to contempt and liens. Filing an enforcement request is the first and most important step. If you need help navigating the process, reach out: divorce661.com. Don’t let unpaid support pile up—act now.

“Don’t let unpaid support pile up. Act promptly to secure your financial future.” — Tim Blankenship, Divorce661

 

How to Handle Retirement Accounts in a California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle Retirement Accounts in a California Divorce

Introduction

I’m Tim Blankenship from Divorce661. If you’re navigating a divorce in California, one of the most misunderstood—and potentially costly—areas is dividing retirement accounts. Retirement earned during the marriage is community property, but dividing it properly requires more than a simple line in your settlement. In this article I’ll explain what you need to know about Qualified Domestic Relations Orders (QDROs), common pitfalls, a real-life example, and practical next steps to protect your retirement assets.

Why retirement accounts deserve special attention

Retirement assets like 401(k)s and pensions are often among the largest marital assets. While California treats retirement earned during the marriage as community property (usually split 50/50), the mechanics of dividing those accounts are governed by federal rules and plan documents. If you don’t follow the right legal steps, you can trigger taxes, early-withdrawal penalties, or simply be unable to get the other spouse’s share out of the plan.

Key points to remember

  • Community property: Retirement earned during the marriage is generally community property in California and is subject to division.
  • You can’t just “agree to divide it” in your judgment: Many plans require a formal court order and specific language before they will permit division.
  • QDROs are often required: For ERISA-covered plans (typical employer 401(k)s and many pensions) a QDRO is the formal tool that allows the plan administrator to pay a non-employee spouse without triggering taxable distributions.

“You can’t just ‘agree to divide it’ in your paperwork.”

What is a QDRO (Qualified Domestic Relations Order)?

A QDRO is a court order that recognizes the right of a spouse (or other dependent) to receive a portion of retirement benefits from an ERISA-covered plan. It tells the plan administrator exactly how to split and pay out the benefits. Without an approved QDRO, the plan may refuse to honor the division, and attempting to withdraw funds without one can create unwanted tax consequences.

When is a QDRO required?

  • ERISA plans: Most employer-sponsored pension plans and 401(k)s are subject to ERISA and typically require a QDRO to divide benefits.
  • Defined benefit plans (pensions): Almost always require a QDRO.
  • Defined contribution plans (401(k)/403(b)): Usually require a QDRO.
  • IRAs: Generally not ERISA plans, so a QDRO is usually not necessary. IRAs are commonly divided by a transfer-incident-to-divorce under tax code rules, which still requires appropriate court language but follows a different process.

Common mistakes to avoid

  • Putting vague language in your judgment that simply says assets will be split without specifying QDRO requirements or how the division will be implemented.
  • Assuming the plan administrator will automatically divide the account based on the divorce judgment without an approved QDRO.
  • Withdrawing funds directly to split them—this can trigger taxes and early withdrawal penalties.
  • Waiting until after the divorce is final to start the QDRO process—some plans have approval requirements that can take time.

A real-life example

We recently helped a couple who had agreed to split a pension and a 401(k). They thought that putting the agreement into their divorce paperwork was enough. They didn’t realize a QDRO was required for the pension and 401(k). We added the correct QDRO language to their judgment and worked with a QDRO attorney to prepare and submit the QDRO for plan approval. The result: the plan approved the QDRO, the accounts were divided without tax penalties, and both parties received the retirement shares they were entitled to.

How the QDRO process typically works

  1. Identify which plans are subject to ERISA and which are IRAs or other non-ERISA plans.
  2. Include clear, specific QDRO language in your divorce judgment or settlement so the division is authorized by the court.
  3. Have a QDRO-drafting professional or attorney prepare the QDRO. Plan administrators often have sample language or specific requirements—those must be followed.
  4. Submit the QDRO to the plan administrator for pre-approval (some plans require this) and then obtain final court approval and signature.
  5. Once approved by the plan, the funds are transferred according to the order.

Practical tips to protect your retirement during divorce

  • Don’t cash out retirement funds to split them—explore transfers or QDROs instead to avoid taxes and penalties.
  • Get plan documents early so you know the rules and any administrative requirements or fees.
  • Document the dates and amounts of contributions made during the marriage—these details matter for valuation and apportionment.
  • Work with professionals: a family law attorney, a QDRO specialist, and a financial advisor can help prevent costly mistakes.
  • Include explicit QDRO language in your divorce paperwork so one more hurdle is removed in the post-judgment process.

How Divorce661 can help

At Divorce661 we make sure your divorce paperwork includes the correct QDRO language so the division of retirement accounts is done right the first time. When a QDRO is required, we connect clients with trusted QDRO professionals and coordinate the process so your retirement is protected and tax issues are avoided.

Conclusion and next steps

Dividing retirement accounts in a California divorce is not just a matter of agreeing to split—it’s a technical process that often requires a QDRO for ERISA plans and careful handling for IRAs. By understanding the rules and taking the right steps, you can avoid tax penalties, administrative headaches, and delays.

If you’re dividing retirement accounts in your California divorce, take action early: review plan documents, include clear QDRO language in your judgment, and work with experienced professionals to prepare and approve the necessary orders. For a free consultation and help getting this right, visit Divorce661.com and schedule a time to talk.

 

How to Navigate Community Property Laws in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Navigate Community Property Laws in California

I’m Tim Blankenship of Divorce661. If you’re facing a California divorce, one of the most important things to understand is how community property works — and how it affects your home, retirement, savings, and even debt. In this article I break down the essentials, share a real-life example, and explain practical steps you can take to protect your interests and settle fairly.

What Does “Community Property” Mean in California?

In California, community property generally means that anything acquired during the marriage is owned equally by both spouses. That includes:

  • Income earned during the marriage
  • Homes and real estate purchased while married
  • Cars and other titled property
  • Retirement accounts and benefits accumulated during marriage
  • Debts incurred during the marriage (credit cards, loans, etc.)

“Anything acquired during marriage is split 50/50. It doesn’t matter who earned it or whose name it’s under.”

Ownership on a title or whose name appears on an account does not, by itself, determine whether an asset is community or separate property.

What Is Separate Property?

Not everything is community property. Examples of separate property include:

  • Assets owned prior to marriage
  • Gifts or inheritances received by one spouse during the marriage (if kept separate)
  • Property acquired with only separate funds, properly traced

Determining whether an asset is separate or community can be straightforward in some cases, but it often requires careful documentation and sometimes negotiation or litigation.

A Real-Life Example

We worked with a couple who had been married for more than 15 years. One spouse believed assets held in their name were solely theirs. After reviewing the facts, we explained that home equity, retirement accounts, and debt accumulated during the marriage had to be treated as community property and divided equally.

Once those assets and liabilities were correctly identified and documented, we drafted a settlement agreement that both parties accepted — and the court approved it without issue. That agreement avoided costly disputes and made the divorce process far more predictable and fair for both sides.

How to Protect Yourself and Avoid Costly Mistakes

Key practices that help prevent surprises during property division:

  • Keep clear records of pre-marriage assets, gifts, and inheritances.
  • Document transactions that mix separate and community funds (trace funds if necessary).
  • Avoid making unilateral changes to titles or accounts without legal advice.
  • Consult a knowledgeable professional early — before agreements are signed or property transferred.

How Divorce661 Helps

At Divorce661 we focus on clear, fair, and court-approvable agreements. Our services include:

  • Identifying what is community property vs. separate property
  • Drafting settlement agreements that are fair and approved by the court
  • Handling the property division process from start to finish
  • Offering flat-fee divorce services across California to control costs

We make the process efficient and as drama-free as possible so you can move forward with certainty.

Practical Steps to Take Now

  1. Inventory your assets and debts, noting when each was acquired.
  2. Gather documentation: titles, account statements, retirement summaries, and records of gifts or inheritances.
  3. Talk to a qualified professional who understands California community property law.
  4. Consider a negotiated settlement to save time and costs — but ensure it’s drafted properly and court-approvable.

Conclusion

California’s 50/50 community property rule can be surprising if you don’t understand it. Anything acquired during marriage — income, real estate, retirement, and even debt — is typically divided equally, regardless of whose name appears on the title. Knowing the difference between community and separate property and documenting assets properly can prevent expensive surprises.

If you want help navigating property division and crafting a fair settlement, schedule a free consultation with us at Divorce661. We’ll make sure your assets are identified correctly and divided fairly so you can move forward with confidence and without drama.

Visit Divorce661.com to schedule your free consultation and learn more about flat-fee divorce services across California.

How to Handle Debt Division in a California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle Debt Division in a California Divorce

I’m Tim Blankenship from Divorce661. In this article I break down one of the most important—and often overlooked—aspects of divorce in California: dividing debt. Get clear on what counts as community debt versus separate debt, how to negotiate a fair split, and why documenting and submitting your agreement to the court matters. If you prefer help, we offer a free consultation at Divorce661.com.

Why dividing debt matters as much as dividing assets

People tend to focus on who gets the house, the retirement accounts, or the savings—but debts are just as important. In California, which is a community property state, most debts incurred during marriage are shared 50/50 regardless of whose name appears on the account. That means a credit card or auto loan in one spouse’s name can still be community debt that both spouses are responsible for.

What is community debt (and what isn’t)?

Understanding whether a debt is community or separate is the key to a fair division:

  • Community debts — Generally, debts incurred during the marriage for the community’s benefit. Examples include credit card debt accumulated for household expenses, auto loans taken out during the marriage, and tax liabilities for joint returns or taxes accrued while married.
  • Separate debts — Debts incurred before marriage, after legal separation, or debts that can be traced to separate property or separate-purpose borrowing. For example, a loan taken before the marriage usually remains a separate obligation unless it was paid down with community funds.

Key point:

California is a community property state—so timing, purpose, and tracing matter more than whose name is on the account.

How to identify community vs. separate debt

To characterize a debt, ask:

  • When was the debt incurred—before marriage, during marriage, or after separation?
  • Who benefited from the funds or goods purchased with the debt?
  • Were community funds used to pay down the debt?
  • Can you document the source of funds (bank records, statements, receipts)?

Tracing documents and clear records make it much easier to prove whether a debt is community or separate. If documentation is unclear, the debtor may still be treated as equally responsible.

Negotiating debt division: trade-offs and practical solutions

Debt division doesn’t always have to be an even split on every account. Couples often negotiate practical trade-offs. For example, one spouse might agree to take on a larger share of credit card debt in exchange for keeping a larger portion of savings or a specific asset.

  • Make sure any trade-off is fair and sustainable—taking on debt without the ability to pay it can create long-term problems.
  • Consider who is legally liable to creditors after the divorce; a court order does not automatically change a creditor’s contracts with the named borrower.
  • When possible, refinance or remove a spouse from joint accounts to avoid lingering liability.

Documenting your agreement and filing with the court

Whatever you agree to, get it in writing. A well-drafted, court-approvable agreement:

  • Identifies each debt and states whether it is community or separate;
  • Specifies who will be responsible for payment after divorce;
  • Explains any asset-debt trade-offs (for example, taking more debt in exchange for more savings); and
  • Is submitted to and approved by the court so it becomes enforceable.

Without proper documentation and court approval, you risk future complications and creditor claims that can drag on for years.

Real-life example

We worked with a couple who had over $20,000 in credit card debt. One spouse agreed to take on a larger portion of that debt in exchange for keeping more of the couple’s savings. We documented the agreement, prepared the paperwork, and submitted it to the court. The court approved it without issue, and both parties walked away with a clear, enforceable division that matched their negotiated trade-off.

How Divorce661 can help

At Divorce661 we help couples navigate debt division efficiently and fairly. Our services include:

  • Identifying which debts are community versus separate;
  • Structuring fair, court-approvable agreements and trade-offs;
  • Preparing and filing all necessary paperwork so agreements are documented correctly.

Our goal is to make sure your debt division is handled cleanly and legally so you can move on with confidence and financial stability.

Recap and next steps

Remember these essentials:

  1. California is a community property state—most debts during marriage are shared 50/50.
  2. Name on an account does not determine responsibility—timing, purpose, and tracing do.
  3. Negotiated trade-offs (more debt for more assets) are common and workable if documented.
  4. Documenting your agreement and getting court approval protects you from future disputes and creditor claims.

If you need help identifying, structuring, and documenting debt agreements, visit Divorce661.com to schedule a free consultation. We’ll help make sure your debt division is fair, enforceable, and gives you peace of mind as you move forward.

 

How to Protect Your Business in a California Divorce | Los Angeles Divorce

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How to Protect Your Business in a California Divorce

In my video, I (Tim Blankenship of Divorce661) walk business owners through a simple—but critical—truth: if your company was started or grew during your marriage, California may treat part (or all) of it as community property. That doesn’t mean you automatically lose the business, but it does mean you need a plan. Below I explain how courts decide what’s community versus separate property, share a real case example, and offer practical steps to protect what you’ve built.

Why businesses can be at risk in a California divorce

California is a community property state. Generally, property acquired during marriage is community property and is subject to division at divorce. For business owners this creates two key issues:

  • If the business was started or substantially grew during the marriage, some or all of its increased value may be community property.
  • Even if your spouse’s name isn’t on company documents, they may be entitled to a share of the marital portion of the business.

Real case example: consulting firm that started before marriage and grew during it

We helped a client who had founded a consulting firm before getting married. During the marriage the firm grew substantially. A valuation expert examined the business and separated the value into two parts: the pre-marriage (separate) value and the post-marriage growth (community value).

Using that expert analysis, we negotiated a settlement that allowed the owner to keep operational control of the company while fairly compensating the spouse for the community portion. The result protected the company’s future and respected both parties’ interests.

“It’s about securing what you’ve built with foresight and fairness.”

How California determines community vs. separate property

Understanding the legal principles helps you plan. Key concepts include:

  • Separate property: assets owned before marriage, gifts or inheritances to one spouse, or assets designated by agreement (prenup/postnup).
  • Community property: earnings, increases in value, or assets acquired during the marriage unless properly traced or agreed otherwise.
  • Tracing: courts look at records to determine whether funds used for the business were separate or community (and whether separate funds were commingled).
  • Active vs. passive appreciation: active efforts by a spouse (running, expanding, or materially working on the business) typically generate community appreciation; passive market changes may be treated differently.

Steps you can take to protect your business

There’s no one-size-fits-all solution, but the following actions are practical, commonly effective steps to protect company value during divorce:

  1. Keep business and personal finances separate. Clear bank accounts, payroll, and expense lines reduce commingling and make tracing easier.
  2. Maintain corporate formalities. Keep minutes, contracts, and records current. Follow bylaws and shareholder agreements so the entity remains respected.
  3. Use expert valuation early. A business valuation expert can quantify separate vs. community value and provide evidence for negotiations or court.
  4. Disclose fully and be transparent. Proper disclosures reduce disputes and strengthen settlement credibility.
  5. Consider agreements: prenuptial or postnuptial agreements, buy-sell terms, or settlement agreements can allocate business value and control in fair, enforceable ways.
  6. Negotiate creatively. Options include keeping the business in exchange for offsetting assets, structured buyouts, or lump-sum payments to the non-owner spouse.
  7. Work with professionals. A coordinated team—attorney, valuation expert, and accountant—produces better outcomes than going it alone.

Valuation methods and why they matter

Valuation is often the heart of business division disputes. Common approaches include:

  • Income approach (e.g., discounted cash flow): projects future earnings to estimate present value—frequently used for service firms and revenue-generating companies.
  • Market approach: compares the business to sales of similar companies.
  • Asset-based approach: sums the company’s assets minus liabilities—more common for holding companies or asset-heavy businesses.

Choosing the right method depends on industry, profitability, growth expectations, and available comparables. A valuation expert tailors the analysis and documents the reasoning for court or settlement negotiations.

Practical tips during the divorce process

  • Continue normal business operations—sudden changes can reduce value or look suspicious.
  • Avoid transferring assets or changing ownership without legal guidance—courts can reverse improper transfers.
  • Document contributions—who worked in the business, when, and what capital was invested.
  • Preserve records and communications—accurate books make tracing and valuation far simpler.
  • Be proactive: early expert involvement often reduces litigation, speeds settlement, and lowers costs.

How settlement strategies can protect ownership while being fair

It’s common to structure settlements so the business-owning spouse keeps the company while the other spouse receives fair compensation. Typical solutions include:

  • Payment of the community share via cash or other marital assets.
  • Structured buyouts over time (installment payments, promissory notes).
  • Offsetting by awarding other marital assets (real estate, retirement accounts) to balance the division.
  • Using post-judgment agreements to govern future ownership and operations.

These solutions preserve the company’s continuity and management while compensating the non-owner spouse—often a better outcome for both parties than forced sale or liquidation.

Why work with Divorce661

At Divorce661 we specialize in helping business owners navigate divorce in California. We provide:

  • Guidance for separating personal and business finances
  • Access to valuation experts and accountants
  • Court-ready settlement agreements and creative resolution options
  • Flat-fee divorce services across California—fast, affordable, and stress‑reducing

If you’re a business owner facing divorce, scheduling a consultation early can make a big difference. We offer a free consultation to review your situation and map out next steps to protect your company and your future.

Conclusion

If your business started or grew during your marriage, California law may assign part of its value as community property. That doesn’t mean you can’t keep the business— it means you should act smartly: separate finances, get a valuation, make full disclosures, and negotiate fair agreements. With expert help you can secure both the company you built and a fair outcome for your family.

Ready to explore options? Schedule your free consultation with Divorce661 and let’s protect your business and your peace of mind.

 

How to Handle a High-Asset Divorce in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle a High-Asset Divorce in California

I’m Tim Blankenship from Divorce661. If you’re facing a high-asset divorce in California—where multiple properties, retirement accounts, stock options, or business interests are on the line—you need a practical plan to protect your financial future. In this article I’ll walk you through the key steps I discuss in my video: what to watch for, why precise valuation and full disclosure matter, and how an amicable, well-documented approach can keep you out of court.

Why high-asset divorces are different

High-asset divorces aren’t just about splitting up. They’re about safeguarding what you and your spouse built together. In California, most assets acquired during the marriage are treated as community property. That means, without careful planning and documentation, you could risk losing up to half of what you’ve built.

“Assets acquired during marriage are community property.”

When real estate holdings, business interests, or complex retirement portfolios are involved, the stakes rise quickly. Emotional decisions can translate into long-term financial consequences unless you understand the mechanics and protect your interests.

Accurate valuation: the cornerstone of a fair division

One of the biggest mistakes people make in a high-asset divorce is accepting approximate values or relying on outdated numbers. Accurate valuation matters because:

  • It determines an equitable split of the property.
  • It prevents one party from unknowingly accepting less than their fair share.
  • It uncovers tax consequences or hidden liabilities tied to an asset.

Work with qualified valuation professionals—real estate appraisers, business valuation experts, and financial advisors—so every asset is measured by its true worth. For businesses, this often means hiring a certified business appraiser. For real estate, you want a licensed appraiser familiar with your market.

Find and account for hidden assets

Hidden or overlooked assets can derail an otherwise fair settlement. Common examples include:

  • Offshore accounts or recently opened accounts
  • Unreported stock options or restricted stock units (RSUs)
  • Business interests with complex ownership structures
  • Deferred compensation or unvested retirement benefits

Ensure all accounts and holdings are identified and included in disclosures. Failing to do so can lead to disputes, post-judgment litigation, and financial loss.

Full financial disclosure is non-negotiable

Transparency speeds resolution. Full financial disclosure builds trust, reduces conflict, and simplifies negotiation. In one Los Angeles case I worked on, a couple with several rental properties and a complex retirement portfolio avoided court entirely by being open and honest. We organized their assets, divided them fairly, documented the agreement, and filed the paperwork—without a single hearing.

“Full financial disclosure is non-negotiable.”

When both parties exchange complete and truthful financial information early, you cut down the time, cost, and emotional strain of litigation.

How amicable high-asset divorces work

An amicable divorce doesn’t mean glossing over important details. It means approaching the process collaboratively while making sure legal and financial protections are in place. Key elements include:

  • Comprehensive asset and debt inventory
  • Professional valuations where needed
  • Clear written agreements covering distribution, tax treatment, and future obligations
  • Properly prepared and filed court documents to finalize the settlement

Documenting agreements and filing them correctly protects both parties and reduces the chance of future disputes.

Practical checklist to protect your financial future

  1. Inventory all assets and debts, including off-market holdings and retirement accounts.
  2. Obtain professional valuations for real estate, businesses, and complex investments.
  3. Demand full financial disclosure from both parties in writing.
  4. Evaluate tax implications of proposed distributions with a CPA or tax attorney.
  5. Document the settlement clearly and have it reviewed by an experienced family law professional.
  6. File agreed documents with the court to finalize the divorce and prevent future challenges.

Why work with specialists

Dividing high-value assets often requires a team approach: divorce professionals, valuation experts, accountants, and sometimes business or estate planners. At Divorce661 we focus on amicable, flat-fee solutions and bring in valuation professionals when necessary so you aren’t surprised by hidden costs or unexpected outcomes.

Conclusion: Your financial future is worth it

High-asset divorces can be resolved fairly and efficiently when you prioritize accurate valuation, full disclosure, and proper documentation. An amicable approach often saves time, money, and stress—but only if you do the work to ensure every asset is accounted for and fairly valued.

If you’re navigating a high-asset divorce in California and want to protect what you’ve built, consider getting clear, professional help. Visit Divorce661.com for a free consultation and learn how to finalize your divorce fairly and stress-free.

 

How to Divide Stock Options in a California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Divide Stock Options in a California Divorce

I’m Tim Blankenship of Divorce661. If you or your spouse hold stock options or RSUs, you probably have questions about whether those assets must be split in a California divorce and how to do it fairly. This article breaks down the basics—what courts look at, how the “time rule” is used, and why a clear, court-approved agreement is essential.

Why stock options and RSUs matter in a divorce

Stock options and restricted stock units (RSUs) can represent substantial future value. Unlike cash or a bank account, their value often depends on vesting schedules, grant dates, and future company performance. Because of that complexity, they’re frequent sources of confusion and dispute in divorce cases.

Community property vs. separate property

In California, stock options earned during the marriage are usually considered community property—even if they’re unvested.

That means options or RSUs that were earned while you were married are typically treated like income or retirement benefits and shared between spouses. The harder question is: which portion is community property and which portion is separate property (earned before marriage or after separation)?

Options granted before marriage

An option granted before marriage can still have community value if vesting or earnings occurred during the marriage. The key is to determine how much of the option’s value was earned while married.

Options granted after separation

Options granted after separation are generally separate property, but paperwork, dates, and exact timing matter. Proper documentation and an accurate calculation are important to avoid later disputes.

The time rule: how courts apportion stock options

Court commonly use a timing-based formula—often referred to as the “time rule”—to apportion the community portion of an option or RSU award. The idea is simple: the portion earned during the marriage is proportional to the time the option was earned while married.

In practice this means:

  • Identify the relevant period when the option was earned (for example, from grant date to vesting date, or from grant to exercise depending on the specifics).
  • Calculate how much of that period falls within the marriage.
  • Apportion the award value according to that fraction—this determines the community share versus the separate share.

Because companies use different vesting schedules and award structures, the exact calculation can vary. A clear written agreement or a court order that specifies the calculation avoids ambiguity later.

Real-life example: handling unvested RSUs

We recently worked with a client whose spouse had a large number of unvested RSUs. Using the time rule, we identified the portion of those RSUs that was earned during the marriage and the portion that was separate property.

We then drafted language that spelled out:

  • How the percentage would be calculated (time rule basis),
  • What happens when/if the RSUs vest or are exercised, and
  • How distributions or proceeds would be handled and reported to the court.

The result: a clear, court-approved agreement that removed uncertainty and prevented future disputes.

Why a well-written agreement matters

A vague or incomplete agreement about stock options and RSUs often leads to expensive litigation later. Clear, specific provisions are essential. Your agreement should address:

  • Exactly which awards are included (grants, RSUs, options, performance shares, etc.),
  • The formula used to divide the award (time rule or other agreed method),
  • How and when the community portion will be transferred, paid, or credited, and
  • Recordkeeping and notice requirements when awards vest or are exercised.

Professional guidance is essential

Dividing stock-based compensation requires both legal and financial expertise. Missteps can cost you money or create prolonged disputes. We handle these complexities by:

  • Identifying community vs. separate portions of stock options and RSUs,
  • Applying the appropriate timing formulas and valuation approaches,
  • Drafting precise agreement language that courts will approve, and
  • Managing the paperwork from start to finish for a flat fee when possible.

How we can help

At Divorce661 we focus on clarity and accuracy when dividing complex assets like stock options. We offer a free consultation to review your situation and explain how the time rule and other methods may apply. To schedule a consultation, visit Divorce661.com.

Conclusion — take action now

Stock options and RSUs are often community property in California, but determining the community share requires careful timing and clear documentation. Don’t leave these assets to chance—get professional help to calculate, document, and finalize an agreement that protects your fair share.

Schedule your free consultation at Divorce661.com and make sure your stock-based compensation is divided correctly and comprehensively.

 

How to Handle Inheritance in a California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle Inheritance in a California Divorce

I’m Tim Blankenship from Divorce661. If you’ve inherited money in California and you’re worried your spouse will get half in a divorce, this article explains what you need to know. I’ll walk you through how California treats inheritances, common mistakes that can convert them into community property, a real client example, and practical steps you can take to protect what’s yours.

Why inheritance matters in a divorce

In California, the default rule is straightforward: inheritance is usually separate property. That means money or assets you inherit—whether before or during your marriage—generally remain yours alone and are not automatically split with your spouse in a divorce.

However, there’s a big caveat: what you do with the inheritance after receiving it matters. If you mix it with marital assets or use it for joint expenses, it can lose its separate status. Understanding that distinction can prevent unpleasant surprises at settlement or trial.

Separate property vs. community property — the core differences

  • Separate property: Property owned by one spouse before marriage or acquired during marriage by gift or inheritance. It remains the separate property of that spouse unless converted.
  • Community property: Property acquired during marriage (with some exceptions) that is presumed to be owned equally by both spouses.

Inheritance starts as separate property. Community property is shared. But actions taken after receiving an inheritance can change how a court views it.

How commingling can change the status of an inheritance

Commingling occurs when separate property is mixed with community property so that it becomes difficult to identify what belongs solely to one spouse. Common examples include:

  • Depositing inherited funds into a joint bank account.
  • Using inherited money to pay household bills or shared living expenses.
  • Using inheritance to make improvements on the family home (a community asset if acquired during marriage).
  • Failing to keep records that trace the original inheritance funds.

Once separate funds are commingled without clear records, a court may treat those funds (or the increase in value they caused) as community property—or at least require tracing to determine what remains separate.

Real-life example: tracing inherited funds

Here’s a simplified version of a case we handled: a client inherited $100,000 and used a portion for home improvements. Because the improvements benefited the community asset (the marital home), some of that inherited money was at risk of being treated as community property.

What we did:

  • Carefully traced the source of the funds to show which dollars were inherited and which were community earnings.
  • Documented the amounts used for improvements and the remaining separate funds.
  • Protected the portion that remained separate and addressed the portion that became community property in the divorce paperwork.

Tracing and documentation allowed us to preserve as much separate property as possible and make the outcome clear and defensible in court.

Practical steps to protect your inheritance

Follow these best practices to reduce the risk of losing separate property status:

  1. Keep inherited funds in a separate account titled in your name only.
  2. Avoid depositing inheritance into joint accounts or using it for joint living expenses.
  3. If you use inherited funds for something that benefits the marriage (like home repairs), document the transaction and be prepared to account for the community benefit.
  4. Keep clear records—bank statements, deposit slips, invoices, and receipts—that trace the inherited funds from receipt through any subsequent use.
  5. Consider a written agreement or transmutation if both spouses agree to change the character of the asset—this should be drafted carefully and signed.
  6. Work with a family law attorney early to identify and protect separate property before a dispute arises.

Key takeaway

Don’t leave your assets to chance.

Inheritance is usually separate property in California, but careless handling—especially commingling—can change that. The best protection is clear documentation, careful financial handling, and legal guidance. If you inherit cash or property during your marriage, act proactively to preserve your rights.

Need help?

If you’ve received an inheritance and want help protecting it during a California divorce, Divorce661 can assist. We identify what’s separate versus community property, trace funds when necessary, and help ensure your divorce judgment clearly reflects those distinctions. Visit Divorce661.com to schedule a free consultation and get specific advice tailored to your situation.