Erickson Family Law LLP Certified Family Law Specialists Handling Complex Family Law Issues 2026-05-01T16:24:29Z https://www.ericksonfamilylawllp.com/feed/atom/ WordPress /wp-content/uploads/sites/1605045/2021/06/cropped-icon-32x32.jpg On Behalf of Erickson Family Law LLP <![CDATA[How and when to modify a Santa Clara County custody order]]> https://www.ericksonfamilylawllp.com/?p=47503 2026-05-01T16:24:29Z 2026-05-01T16:24:29Z When is a modification necessary? Significant changes in family circumstances can make a custody modification necessary. Scenarios in which parents may need to change the division of parenting time and authority may include:
  • Changes to family schedules
  • Plans to relocate far enough away to complicate custody exchanges
  • Either parent starting a new job
  • Either parent remarrying or having another child
  • Changes that could affect the children's health and safety
Whenever there has been a significant change in the circumstances of the parents or the children, reviewing and modifying the custody order could be an appropriate reaction.

How can parents adjust custody orders?

A custody modification requires court approval, if not a judge’s determination during litigation. Parents can potentially reach an agreement with one another regarding the changes that are necessary. They can then petition the courts for an uncontested modification that reflects those new arrangements. Provided that a judge reviews the proposed modification and agrees that the updates are in the best interests of the children, the entire process can be relatively quick. When there is a dispute about the changes that must occur or whether a formal modification is necessary, either parent can then petition the courts for a hearing. They generally need documentation validating their claim that there has been a substantial change in circumstances. They also need documentation that can convince a judge that the adjustments proposed are in the best interests of their children. Judges hear from both parents in a litigated modification scenario and then enter a ruling that focuses on what is best for the children. Parents preparing to submit paperwork for an uncontested custody modification or anticipating a litigated modification likely need assistance. Reviewing an outdated custody order with a family law attorney can help parents prepare to update their existing custody order accordingly.]]> On Behalf of Erickson Family Law LLP <![CDATA[Finding hidden assets before it’s too late during a high-asset divorce]]> https://www.ericksonfamilylawllp.com/?p=47502 2026-04-29T18:25:14Z 2026-04-29T18:25:14Z Why hidden assets matter As a community property state, California requires the division of the assets people obtained during marriage and the income they earned in accordance with community property statutes. Any resources intentionally hidden from the courts may not factor into the final property division settlement. A spouse who skimmed thousands of dollars from joint accounts to purchase cryptocurrency or other digital assets could deprive their spouse of their fair share of the marital estate. A forensic analysis of financial records may be necessary to identify warning signs of hidden assets, track income and locate secret bank accounts. A high-asset divorce attorney can potentially help a concerned spouse determine exactly how much capital one spouse diverted from marital accounts. That documentation can then have a major influence on the outcome of the property division process. Judges can deviate from the even split usually ordered in litigated community property division scenarios if there is proof of one spouse hiding assets. Historically, the California courts have penalized those who hide assets. In one well-known case from the 1990s, one spouse chose not to disclose that they purchased a winning lottery ticket before filing for divorce. After that came to light later, the spouse denied their share of the lottery winnings took the matter back to court and ultimately received a ruling that granted them the entire lottery windfall. Clear evidence of financial misconduct does more than ensure a fair split under community property laws. It may lead to an uneven split that favors the spouse who did not misrepresent their finances for personal gain. Working with an attorney who understands the challenges of property division in a high-asset divorce can help people protect themselves from common forms of family-related financial misconduct accordingly.]]> On Behalf of Erickson Family Law LLP <![CDATA[Dividing retirement accounts in California divorce: QDROs and the tax consequences you can’t ignore]]> https://www.ericksonfamilylawllp.com/?p=47499 2026-04-20T14:43:20Z 2026-03-11T18:50:08Z value retirement accounts often represent the largest marital asset in a California divorce. Division rules sound simple under community property principles, but the execution becomes technical fast, with strict plan requirements, federal rules, court orders and deadlines. A single drafting error can trigger unexpected taxes, penalties, lost gains and delayed payouts. Careful planning can mitigate the risk of surprises for couples with meaningful 401(k) balances, pensions, profit sharing plans and stock-based retirement benefits.

What a QDRO does and does not do

A Qualified Domestic Relations Order, QDRO, is a court order that instructs a qualified retirement plan to pay a portion of benefits to a nonemployee spouse, called the alternate payee. The QDRO creates a pathway for tax compliant division when drafted and implemented correctly. A QDRO does not automatically cover every retirement asset. Many IRAs require a transfer incident to divorce under Internal Revenue Code § 408(d)(6), not a QDRO. Governmental plans, military benefits, railroad retirement and some public pensions follow different statutory schemes.

QDRO process risks for high asset couples

The QDRO process should start early. Plan administrators apply their own model language, valuation rules and benefit definitions. Drafting must match the plan document. Court entry alone does not move money. Plan qualification review can reject the order, forcing redrafting while the account value fluctuates. Before selecting a drafting approach, understand the core process steps and failure points.
  • Identify every plan, obtain the summary plan description, confirm plan type 
  • Define the marital community share, select a valuation date, address gains and losses, address loans, address survivor benefits for pensions  
  • Submit a draft for pre-approval when available, obtain court signature, serve the administrator, confirm qualification, confirm implementation timing
Each item affects real dollars and enforcement. A divorce attorney can help to better ensure the judgment language supports the intended division.

Tax consequences you cannot ignore

Federal tax rules treat retirement distributions as taxable income unless a specific exception applies. A properly implemented QDRO can allow distributions to the alternate payee without withdrawal penalties.  Retirement division in a California divorce is a legal process as well as a tax event. QDRO language controls timing, dollar amounts, survivor rights and tax reporting. Consult a divorce attorney early to structure the judgment and the QDRO to manage plan compliance and tax impacts, also to avoid costly rework after entry of judgment.]]> On Behalf of Erickson Family Law LLP <![CDATA[5 potential benefits of legal separation in California]]> https://www.ericksonfamilylawllp.com/?p=47498 2026-02-26T16:46:22Z 2026-02-26T16:46:22Z When your marriage reaches a turning point, you may feel uncertain about what comes next. You might not feel ready for divorce, yet you may need structure and clarity. In California, legal separation can offer a middle ground. You live apart and divide responsibilities, but you remain married under state law. Depending on your goals, that distinction could matter. Here are five potential benefits you may want to consider.

1. You may preserve health insurance coverage

Health insurance often ranks among the top concerns during a marital split. In some situations, remaining legally married could allow you to stay on a family health plan. However, coverage does not continue automatically. Many employer sponsored plans treat a Judgment of Legal Separation as a qualifying event that ends coverage for a dependent spouse. Your specific plan rules control what happens next. For that reason, you may want to review your summary plan description and speak with your plan administrator before you rely on continued coverage.

2. You may gain time for retirement or military benefits

Legal separation may help you reach certain length of marriage milestones tied to retirement or military benefits. Some federal retirement systems and military programs consider the total years of marriage when they determine eligibility or division of benefits. For example, some people refer to the 10-year rule in military retirement under the Uniformed Services Former Spouses Protection Act. While that rule does not automatically guarantee payment, the duration of the marriage can affect how payments flow. If you remain married through legal separation, you may reach a key threshold that could influence future financial stability. Because each plan has its own requirements, you may want to confirm the details directly with the benefit provider.

3. You need to understand tax filing changes

Although California still considers you married after a legal separation, federal tax law may treat you differently. Under the Internal Revenue Code, the Internal Revenue Service (IRS) generally considers you unmarried for the tax year if a court issues a final decree of legal separation on or before Dec. 31. As a result, you typically cannot file a joint return after that date. You may file as single or, if you qualify, as head of household. Since timing and household circumstances matter, you may find it helpful to review your options with a qualified tax professional.

4. You create space without ending the marriage

Sometimes you want distance without finality. Legal separation allows you to live apart under a court order while you consider the future of your relationship. That space may give you time for reflection, counseling or personal growth. At the same time, a court order can address support, property and parenting issues. You gain structure and clarity, yet you leave open the possibility of reconciliation if that aligns with your wishes.

5. You set clear financial and parenting boundaries

Legal separation in California involves many of the same issues as divorce. You and your spouse can address property division, spousal support and child custody and visitation under California Family Code provisions that govern separation and dissolution. Through a formal agreement or court order, you may:
  • Define responsibility for shared debts and monthly expenses
  • Establish parenting schedules and decision making guidelines
  • Confirm your date of separation, which can affect how a court may characterize property and earnings
Clear expectations often reduce conflict and create stability for you and your children.

A thoughtful step forward

Legal separation carries serious financial and legal consequences. Even so, it may offer emotional breathing room and practical advantages in the right circumstances. Careful planning can help you choose a path that supports your future while respecting the realities of your present situation.]]> On Behalf of Erickson Family Law LLP <![CDATA[Identifying separate and community property during divorce]]> https://www.ericksonfamilylawllp.com/?p=47492 2026-01-20T20:37:37Z 2026-01-20T20:37:37Z What property might be separate? The law recognizes that some assets belong to one spouse rather than to the marital estate. Most of the time, assets acquired before marriage and income earned before getting married remain the separate property of one spouse. Spouses can also theoretically protect assets and money received as a gift or as an inheritance. However, those resources may potentially be vulnerable to claims of commingling. If people add their spouses to ownership documents or combine their separate property with the marital estate, that can muddy the waters during property division negotiations. The use of marital income or assets to maintain or improve separate property could also potentially lead to allegations of commingling and more difficulty protecting those resources as separate property. Prenuptial agreements can also clarify what assets are separate property. Spouses sometimes intentionally designate certain resources, such as their retirement savings accounts, as separate assets for the purposes of property division if they ever divorce. Those who have valid prenuptial agreements with their spouses may need to review the terms included in those documents to determine if they have any assets set aside as separate property. Identifying separate property can be quite challenging. Spouses preparing for divorce may need to go over financial records carefully to disprove allegations of commingling or trace the origins of their resources. Provided that they identify their separate property, spouses can generally retain the assets that they acquired before marriage, as well as any gifts or inherited property granted to them as individuals that have not been significantly commingled. Going over financial records and ownership paperwork with an attorney is often a key part of establishing a property division strategy in a California divorce.]]> On Behalf of Erickson Family Law LLP <![CDATA[“We Signed a Prenup.” Is It Actually Enforceable in a California Court?]]> https://www.ericksonfamilylawllp.com/?p=47483 2025-11-19T14:25:42Z 2025-11-19T14:25:42Z Signing a prenuptial agreement can give you peace of mind before marriage. But if it doesn’t meet California’s strict legal standards, a court could later throw it out entirely.

How courts decide if a prenup is enforceable

California uses the Uniform Premarital Agreement Act (UPAA) to decide whether a prenup is valid. Under Family Code Section 1615, a prenup is presumed valid unless the spouse challenging it proves it was signed involuntarily or is unfair. To be enforceable, a California prenup must meet these key requirements:
  • Written and signed: Both parties must sign a written agreement before marriage.
  • Voluntary signing: Each person must sign willingly, without threats, fraud or pressure.
  • Seven-day review rule: Each person must receive the final draft at least seven days before signing.
  • Full financial disclosure: Both must share complete lists of income, assets and debts.
  • Independent legal counsel: Each should have their own lawyer. If the prenup limits or waives spousal support, legal counsel is mandatory.
  • Notarization: A notary’s signature strengthens the document and confirms both parties signed voluntarily.
These rules protect both spouses and ensure each fully understands the agreement.

When a California prenup may be unenforceable

Even a properly signed prenup can fail in court. Judges may reject all or part of a prenup for reasons like:
  • Lack of voluntariness: One person signed under duress or didn’t have enough time to review.
  • Hidden assets: One spouse concealed major property or debts.
  • Unfair terms: The agreement is so one-sided that enforcing it would be unjust.
  • No lawyer for spousal support waivers: A spouse can’t give up alimony rights without independent legal advice.
  • Illegal or policy violations: Clauses about child custody, support or lifestyle rules (like “fidelity penalties”) aren’t enforceable.
Courts evaluate fairness both at the time of signing and when enforcing the prenup. If they find unfairness or coercion, they may apply California’s community property system which typically divides marital assets and debts 50/50.

What you can do next

If you have concerns about timing, disclosures or spousal support clauses, it may be beneficial to talk to an attorney. A lawyer can review your prenup, identify weak sections and explain what might happen if the agreement faces a legal challenge.]]> On Behalf of Erickson Family Law LLP <![CDATA[What Is “Lifestyle Analysis” and How Does It Determine Spousal Support in High-Net-Worth Cases?]]> https://www.ericksonfamilylawllp.com/?p=47484 2025-11-19T14:24:38Z 2025-11-19T14:24:38Z In high-asset divorces, income alone doesn’t show the full financial picture. To determine fair spousal support, both sides need clear proof of how the couple actually lived during the marriage.

What lifestyle analysis is

A lifestyle analysis is a detailed review of how the couple spent money during the marriage. It rebuilds the couple’s spending patterns over several years to show the true cost of their lifestyle and not just what appears on tax returns.

What gets analyzed

A financial expert examines records to track where the money went and how consistently the couple spent it. Typical documents include bank and credit card statements, tax returns, brokerage reports and accounting ledgers. The review usually covers the three to five years before separation and focuses on ongoing expenses such as:
  • Housing and real estate: Primary home costs, vacation homes, repairs.
  • Travel and experiences: Vacations, first-class or charter flights, events.
  • Education and care: Private tuition, tutoring, childcare, domestic staff.
  • Vehicles and memberships: Leases, maintenance, clubs, gyms.
  • Personal and discretionary: Clothing, jewelry, dining, wellness.
From this data, the expert calculates the monthly cost to maintain the marital lifestyle. That number becomes a key reference point for settlement talks or court hearings.

How courts use it

When California courts decide spousal support, they look at several things under Family Code § 4320. One of the biggest is how the couple lived during the marriage. Judges also consider each person’s income, ability to pay, needs, property and debts.

Strategic impact in high-net-worth cases

A lifestyle analysis can show when someone spent more money than they officially earned which may point to hidden income or assets. It can also reveal if a person’s budget is unrealistic or based on too much debt. In cases with bonuses, stock options or business income, it helps separate personal spending from business expenses so support is based on real living costs and not appearances.

Some of your next steps

If you’re going through a high-asset divorce, an experienced California family law attorney can explain how lifestyle analysis applies to your case. Lawyers often work with forensic accountants to trace spending, review financial disclosures and present solid evidence about support. With the right legal and financial team, you can make informed decisions and pursue a fair, data-driven outcome.]]> On Behalf of Erickson Family Law LLP <![CDATA[Protecting Your Privacy During a High Asset Divorce: A Guide to Confidentiality]]> https://www.ericksonfamilylawllp.com/?p=47461 2025-09-25T15:30:15Z 2025-09-25T15:30:15Z A high-asset divorce in California can expose sensitive details about your wealth, business and family. You can reduce that risk with smart planning and process choices that favor confidentiality.

Why privacy matters in high-asset cases

Public attention can distort negotiations and even harm the value of certain assets. High-profile breakups show how quickly private details can spread even when both sides try to stay quiet.  In California, divorce filings usually appear in the public record. That means financial disclosures, business documents and personal details may all become accessible unless you take steps to limit exposure.

What becomes public in California

Divorces move through California’s public docket. Basic filings and some financial disclosures are often viewable. You can reduce exposure by asking for redactions, protective orders or in rare cases, sealing records. Courts balance requests for privacy against the public’s right to access. Because California is a community property state, disputes over dividing or valuing assets are common. The more conflict, the more filings enter the public record.

Private paths to resolution

You can keep details out of court by choosing private processes. You can employ the following methods:
  • Mediation: Private sessions focused on settlement.
  • Arbitration: Binding decision in a nonpublic setting.
  • Collaborative divorce: Contract to exchange information and settle outside court.
Pair these approaches with a strong confidentiality agreement that binds spouses, lawyers and experts.

Practical steps to reduce exposure

Start with a written privacy plan that controls who sees what. Key steps include:
  • Limit filings: Use summaries and redactions where allowed.
  • Use NDAs: Bind advisors, staff and family.
  • Control experts: Choose facilitators comfortable with complex assets.
  • Harden digital: New email for the case, strong passwords or MFA.
  • Tighten social media: Post less and review past content.
  • Stage disclosures: Exchange sensitive data in secure rooms or portals.
These steps work best when you keep negotiations civil and targeted.

Safeguard your privacy through strategy and legal guidance

Protecting privacy in a divorce requires more than limiting social media or changing passwords. It involves legal strategy, process choices and tailored agreements. An experienced California divorce attorney can guide you on when to use mediation, how to draft confidentiality clauses and how to reduce what goes into the public file.]]> On Behalf of Erickson Family Law LLP <![CDATA[Beyond stock options: Lesser-known forms of deferred compensation in high-tech divorces]]> https://www.ericksonfamilylawllp.com/?p=47422 2025-08-07T20:20:06Z 2025-08-07T20:20:06Z Understanding restricted stock units This form of compensation gained popularity early in the 2000s, particularly within the tech industry. One example of a tech company that has made use of this form of compensation to entice high value workers is Tesla. Restricted stock units (RSUs) represent a promise that the company will issue stock to the employee at a future date, contingent upon meeting specific conditions. Unlike stock options, RSUs do not require the employee to purchase shares. Instead, they generally receive shares outright once conditions are met, typically vesting over time. But what happens when an employee whose compensation includes RSUs gets a divorce? The process is complicated since RSUs often vest over a period, such as three to five years, as the courts generally only consider vested shares as marital property. It is also important to consider tax implications during divorce negotiations as RSUs qualify as ordinary income upon vesting. This can translate to a large tax bill and lower the value of the asset.

Exploring performance shares

Performance shares offer another form of deferred compensation and are linked to achieving specific company performance metrics. These shares incentivize employees to contribute to the company's success, aligning personal and corporate goals. Similar to RSUs, performance shares vest based on achieving predetermined targets. For performance shares, these targets can include revenue growth or stock price appreciation. The uncertainty of meeting these criteria can affect their valuation in divorce settlements. As such, it is important to assess the likelihood of meeting performance criteria to determine their worth during asset division negotiations. Those who receive deferred compensation are wise to plan for hurdles during the asset division portion of divorce negotiations. These unique compensation tools offer many benefits to corporations and employees but are a struggle to value and divide during divorce. You can reduce the risk of issues by having a better understanding of the likely value of the asset and tax implications when entering negotiations. In some situations, it may make sense to offer another asset, such as a vacation property, in exchange for full retention of deferred compensation assets. It is wise to discuss this and other legal strategies with an attorney experienced in these more nuanced negotiations to mitigate the risk of any surprises after you finalize the divorce.]]> On Behalf of Erickson Family Law LLP <![CDATA[Debunking 4 myths of spousal support in California]]> https://www.ericksonfamilylawllp.com/?p=47006 2025-07-28T14:16:48Z 2025-05-08T16:53:56Z When it comes to spousal support, also known as alimony, people often rely on what they've seen on TV or heard from friends and family.  However, this information can be wrong or oversimplified, leading to costly mistakes and unrealistic expectations. If you are divorcing, you can avoid this by separating fact from fiction.

Myth: Only women get alimony

This outdated belief couldn't be further from the truth. In California, anyone can ask for spousal support. The court doesn't care about your gender. Instead, among many other factors, they look at:
  • Each person's income 
  • The length of the marriage 
  • Each spouse's ability to work 
  • The standard of living during the marriage
Judges focus on these and other factors, not whether you're a man or a woman. Either spouse can request and receive alimony if they meet the criteria.

Myth: Alimony is a punishment

Some people think alimony is a punishment for earning more or engaging in marital misconduct. This isn't true. Spousal support isn't about blame or punishment. It's a financial tool to help both parties after a split. The goal is to:
  • Balance resources between ex-spouses
  • Help the lower-earning spouse become self-supporting 
  • Maintain a similar standard of living for both parties
California courts don't use alimony to penalize anyone for bad behavior during the marriage. They're focused on fairness and financial stability for both ex-spouses.

Myth: Every divorce includes alimony

Not every California divorce ends with an alimony order. In fact, many don't. Spousal support isn't automatic. It will depend on the specific circumstances of each spouse. If both spouses can support themselves, the court might not order alimony at all. If a valid prenuptial or postnuptial agreement sets rules for alimony, parties can expect to follow those. If there is a history of domestic violence perpetrated against a potential support payor by the potential recipient, that can be a basis for reducing or denying spousal support that would otherwise have been ordered.

Myth: Alimony lasts forever

Many people believe that once alimony is awarded, it never ends. This isn't true in California. Most spousal support orders have an end date. Where the other factors weigh in favor of an award of spousal support, the duration often depends on the length of the marriage. For marriages under 10 years, support usually lasts half the length of the marriage. Longer marriages might have longer support periods, but even these aren't always permanent. Understanding these truths about alimony in California can help you make better decisions during your divorce. Don't let myths guide your choices. Accurate information is key to protecting your rights and planning for your future.]]>