Prenuptial agreements traditionally have been seen as symbols of mistrust and control. Yet, despite how uncomfortable conversations about prenuptial agreements may be for couples and their families, they can serve a number of important purposes, including:

• Keeping family wealth, however defined, within the family that generated it, and protecting it for many generations.


• Establishing a set of rules, agreed to by the couple, or the couple and their families, governing the disposition of wealth upon the dissolution of a marriage (either by divo...

Assets vs. cash

In recent years, I have seen more couples enter marriage with “separate property”—or assets acquired individually, by gift or by inheritance before their legal union. Separate property can include a home or business but also savings accounts and other earned or inherited funds. If you live in a “community property state” such as California, it is critical that separate property assets be titled and handled correctly or you risk losing rightful ownership should a divorce occur.

What is a community property state?

A community property state presumes that if the title or intent of an asset is not clearly documented, then it is considered marital property to be divide...

Questions About Divorce and Financial Aid

Students and parents have questions about the relationship between divorce and financial aid. For example, which parent is responsible for completing the FAFSA, the obligations of non-custodial parents to pay for college, college support agreements, the obligations of stepparents, and the ability of non-custodial parents to take advantage of the various tax benefits for education. Below are some key points to help understand this important financial aid issue. When filling out the FAFSA, several questions may arise for students of divorced parents.

If parents are divorced, separated, or never married, and don’t live together, the parent who provi...

The Divorce Process & Legal Requirements

The divorce process can feel overwhelming, with unfamiliar rules and a language all its own. This guide is designed to walk you through the key stages of a typical divorce, answering common questions to help you understand what to expect on the legal journey ahead.

What Factors Determine How Long a Divorce Will Take?

Most states have residency rules and mandatory waiting periods that must pass before a judge can finalize a divorce. Beyond that, the timeline depends on your specific circumstances. Key factors include the length of your marriage, if you have minor children, the complexity of your finances, and how willing your spouse and you are to cooper...

When a couple goes through a divorce, assets and liabilities must be divided. If you have children, you must decide on child support and child custody. When divorcing spouses own a business together, you and your spouse must determine the value of the business and agree on a fair settlement for each spouse’s interest. If business ownership is part of your divorce case, it will add a layer of complexity to the divorce settlement process, especially when you and your spouse are business partners.

Valuing a Business in Divorce Proceedings

Business valuation is an essential part of the process of dividing a business. When you own a small business (or a family business), getting a valuation f...

If you are divorced, you may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. Whether you can or not depends on a number of factors, including how long you have been married and your age. If you were married for 10 years or more to that spouse and your ex-spouse worked and paid into Social Security, you may be able to collect benefits if you're also over age 62. Collecting on the record of your ex-spouse will not reduce the amount of benefits they get.

To collect Social Security benefits based on your former spouse's earnings record, you must:

• Have been married to that spouse for 10 years or more


• Be at least age 62


• Be currently unmarried

You can collect ben...

When parents of different faiths separate, how do courts decide whose religion the children will follow?

When parents of different faiths separate, they don't always agree on whose religion the children will follow. With increasing numbers of interfaith marriages and high divorce rates, this topic has recently been argued in courtrooms across the country. The results? A hodgepodge of decisions using different standards to establish different rules.

The Rights of Parents vs. The Best Interests of the Child

When called upon to resolve disputes between separated or divorced parents who disagree about the religious upbringing of their children, courts attempt to balance competing concerns. On one h...

If your marriage is coming to an end, there are many important decisions that lie ahead. One of the biggest is deciding between a marriage dissolution vs. divorce. Both dissolution and divorce are legal processes, and the outcome is exactly the same: You are ending a marriage. Attorneys often say the difference between a divorce vs. dissolution hinges on whether a spouse faults the other for the breakup. Still, it’s a little more complicated than that. Let’s break down why some couples choose marriage dissolution vs. divorce. A financial advisor can also help make a plan for your money when the time comes to move on from a marriage.

People often use the terms “divorce”...

With today’s growing globalization and mobile workforce, it’s more common than ever for individuals to move to another city, state, or even country in pursuit of a new career, education, or lifestyle opportunity. While these transitions can be exciting, they often become complex and emotionally charged when they involve the relocation of a parent who shares custody of a minor child.