Month: December 2018

Editor’s Note: The holdings from various cases are below. Dawn Gray’s extensive summaries of those cases, too lengthy to publish in the Newsletter, are on the ACFLS website on the Current Newsletters page. The full text of her short summaries of other cases of interest is also provided below and on the website. Andrew V….

I. Introduction By filing “a single return jointly of income taxes,”1 instead of two “married filing separately” returns, married taxpayers usually reduce their preparation expenses and federal income taxes.2 One cost offsetting those savings is that any overpayment of tax on a joint return that is encumbered by certain premarital debts of either spouse. Another…

It’s just another day at my office. Let’s assume that my client (let’s call her Judith) calls me with the good news that a buyer wants the Witkin Avenue residence that she and her husband, Stephen, jointly own. It’s mid-case. Judith asks me if I will hold the anticipated $250,000 in sale proceeds in my…

In the year 2000, the California Supreme Court held in Marriage of Pendleton & Fireman1 that under certain circumstances, parties could limit spousal support in premarital agreements. That decision set off a revolution in the world of prenups. Until Pendleton, many family lawyers believed that such clauses were not enforceable in California. Their reason: California…

Introduction: Premarital Agreements are Here to Stay—Why not Make Them Better? Nationwide, premarital agreements are on the rise.1  A 2015 survey of the Northern California Chapter of the American Academy of Matrimonial Lawyers reveals that California is no exception to this trend.2 A surprisingly robust number of practitioners surveyed— 77%—routinely include premarital agreements as a…

In the next few issues we will be modifying the format of the ACFLS Family Law Specialist. We welcome our new production coordinator Sublime Designs Media LLC. The ACFLS Family Law Specialist is one of many of ACFLS’s efforts to promote the education of its members. In her President’s Message, Jill Barr reviews many of…

The 23rd Annual Spring Seminar concluded with great success this year. Thank you to all the presenters, the Judicial Responder Panel, and Garrett Dailey for providing an outstanding program. I would also like to express my gratitude to the Spring Seminar Committee (under the leadership of Patricia Rigdon, Co-Chair) and the entire ACFLS Board who…

I. Introduction Business interests are routinely divided in family law actions, but we rarely see non-compete orders or agreements against the bought-out spouse. A non-compete order or agreement protects the value of a business awarded to one spouse, by prohibiting the other spouse from engaging in a similar business. The court has the legal authority…

Editor’s Note: The holdings from various cases are below. Dawn Gray’s extensive summaries of those cases, too lengthy to publish in the Newsletter, are on the ACFLS website on the Current Newsletters page. The full text of her short summaries of other cases of interest is also provided below and on the website. In re…

The first installment of the four­-part “Anatomy of a Family Law Trial” series hosted by the Orange County Chapter of Association of Family Law Specialists took place on April 27, 2015, at Whittier College of Law in Costa Mesa. Entitled “May it Please the Court,” it featured Stephen Kolodny, CFLS, Thomas Stabile, CFLS, and the…