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Prenups more popular among millennials

Research suggests that more and more California couples are signing prenuptial agreements before marriage. Once thought to be the exclusive province of celebrities and the ultra-rich, prenups have become an option for couples of various means, especially as more people marry after establishing their careers. According to a recent study by the American Association of Matrimonial Lawyers, younger people are particularly likely to consider a prenup before tying the knot. Of the lawyers surveyed, around 62% said they have seen an increasing number of clients wanting a prenuptial agreement in recent years.

Children are the first priority in a divorce

When a California couple with children begins experiencing marital difficulties, there is typically a great deal of thought about what's best for the family. If the conclusion is that divorce makes the most sense for all under the circumstances, it is natural for both parents to focus on the legal issues such as community property, separate property, property division and spousal support. Of course, the issues of child custody and support are at the forefront; although the settlement of these issues is part of the divorce process, the welfare of the kids as they transition from one family home to two separate residences is of the utmost importance.

Gray divorce, older women and financial woes

In California and across the United States, women often experience complex financial issues following divorce. Whether the issue involves community property, separate property, child custody arrangements or spousal support, divorced women seem to face more difficulties than divorced men. An older woman obtaining a "gray divorce" typically experiences more problems than a younger woman. For some women, gray divorce causes financial woes that are difficult to handle.

Finances and getting remarried

California residents who decide to get remarried should be aware that there can be financial issues that have to be addressed. This is because people who get remarried tend to have more financial assets than they had the first time they were married. It is also likely that they may have lingering financial complications from a previous marriage. The situation can become even more complex when there are adult children.

Options with Social Security after divorce

Older married couples in California often depend entirely or partially on Social Security benefits to cover living expenses. Even when one spouse has not worked or qualifies for lower monthly payouts, they may still be able to collect up to half of their spouse's full benefits. The ability to do this doesn't necessarily end after a divorce.

Couples more likely to divorce if husband earns less than wife

It's 2019, and nearly 40% of married women earn more than their husbands do, according to the U.S. Bureau of Labor Statistics. Unfortunately, research shows that this financial situation puts a strain on many heterosexual marriages and pushes some couples in California and elsewhere to file for divorce.

Community property laws protect stay-at-home moms

Women who have sacrificed their careers to raise families are often at a disadvantage when they divorce, but they are better protected in states like California that have community property laws. While most states require marital property to be divided equitably, it must be divided equally in states with community property laws. This subtle distinction can be crucial in divorce cases involving stay-at-home moms because what is equitable in these situations is open to interpretation.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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