Many individuals are looking at premarital agreements to preserve and protect asset they have acquired before the marriage. Even though California Law states that assets acquired before marriage are separate property, if a person wants to protect such assets, its a good idea to consider a premarital agreement.

In California, once parties are married one spouse can begin to acquire an interest in the property of the other spouse. Hence, with time a spouse can acquire an interest in the separate property asset of the other spouse. The general rule is that all income earned during the marriage is community property. Therefore, as one spouse continues to make payments on his or her separate property with community income the community (the married couple) begings to acquire an interest in that property.

This rule also applies to the labor, work, and effort of the parties. Thus, if a spouse owns a business that was started before the marriage but continues to grow the business after the marriage, the community acquires an interest in the increased value of the business.

It is very important that parties seek legal advise when entering into an premarital agreement. If the premarital agreement is not done properly, it will be void. This is specially true when entering into spousal support waivers. Also, the spouse that is giving up his or her rights should seek legal advise to make sure they completely understand what rights he or she is waiving.

For more information and an in depth consultation with one of our Aggressive, Caring, and Affordable attorneys, contact (800) 589-9901, or email us at info@dieferlaw.com.

The two main practical concerns in any spousal support orders should be: how much money will the supported spouse receive and for how long?

The general rule is that if a marriage is under ten (10) years, spousal support lasts for half of the length of the marriage. So, if a couple is married for nine (9) years, the supported spouse may be entitled to support for a period of four and one half (4.5) years.

If the marriage lasted ten (10) years or longer, the general rule is that support may last until the remarriage of the supported spouse, death of either party, or further court order. This language can create a support order that will last in perpetuity until one of the above listed conditions occurs.

The amount of money the supported spouse receives is determined by the marital life style of the parties and the ability of the supporting spouse to pay. It is very important for both the supporting spouse and the supported spouse to make sure the marital life style is accurately determined. A mistake in this part of the analysis can lead to a support order that is too high or too low.

The court should look at the income of the parties, their life styles during the time of the marriage which should include how many cars they owned, what kind of cars they had, if they traveled, had very lavish spending habits, or if the parties were very frugal. All of these factors and many more are considered by the court in determining the marital life style. The area where the parties live is also important. Generally, it may be more expensive to live in Orange Countyversus Riverside County of San Bernardino County. And some areas in Los Angeles might be even more expensive. Thus, the court may also consider where the parties lived in order to determine how much is needed to maintain that marital standard of living.

Of course, these are very simple generalizations of a very complex area of law and divorcing spouses are wise to seek legal advise and further consultation on this issue.

For a case evaluation and a free consultation with one of our experienced and aggressive attorneys call us at (800) 589-9901.