Meyer, Olson, Lowy & Meyers, LLPFindLaw IM Template2026-05-28T03:33:12Zhttps://www.molmfamlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402667/2022/04/cropped-molm-site-icon-32x32.jpgOn Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Should you replace your prenup with a postnup?]]>https://www.molmfamlaw.com/?p=543792026-05-28T03:33:12Z2026-05-28T03:33:12ZMany California couples put a prenuptial agreement in place before they get married to detail things like which assets they would each keep if the marriage ended in divorce. This can be important in a community property state like ours. They might also address things like inheritances and even alimony.
If the marriage is going well, they might rarely think about their prenup. Some people even assume that the prenup expires or at least no longer holds any legal weight after a while. That’s not the case unless they included a “sunset” provision in it.Assuming there’s no sunset provision, if they were to divorce, they could have to deal with a prenup that no longer addresses the needs of one or both of them. While a prenup can’t technically be modified once a couple is married, it can be replaced with a postnuptial agreement. Similarly, couples without a prenup can put a postnup in place instead.
What circumstances make it worthwhile to replace a prenup with a postnup?
It can be worth the time and expense of voiding the prenup and creating a postnup in one or more of the following scenarios:
One spouse has ended up with a far higher income than the other.
One or both spouses have their own business.
One or both spouses have received an unexpected inheritance.
One spouse has become a stay-at-home parent or elder caregiver and left the full-time workforce.
One spouse has developed serious health issues that prevent them from working.
One spouse has accumulated considerable debt (through failed business ventures, gambling or overspending).
One spouse has paid off the other’s debt (like student loans or individual credit card debt).
One spouse worked to support the couple while the other spouse got an advanced degree or built a business.
One or both spouses purchased specific assets that they want to retain in a divorce.
These are all things that can be addressed in a postnup. If a couple divorces, a well-crafted and up-to-date postnup can help the process go more quickly and smoothly. If they remain together, it’s still beneficial to be on the same page about these important financial matters. As with a prenup, each spouse needs to have their own legal representation as they negotiate and codify a postnup. This helps ensure that their rights and interests are protected.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Can domestic violence affect divorce judgments in California?]]>https://www.molmfamlaw.com/?p=543612026-05-15T22:18:50Z2026-05-15T22:17:54ZWhen a marriage ends under the shadow of abuse, you might wonder whether the courts will take what happened behind closed doors into account. The short answer is yes. Judges often look beyond the surface of the separation, and a history of domestic violence can affect various aspects of a divorce settlement.
Whether you're the survivor seeking protection or trying to understand where you stand, knowing how California law treats such situations can make a difference in how you approach these proceedings.
The law in California
One of the most significant ways domestic violence affects divorce judgments in California is through child custody and visitation orders. Courts prioritize the best interests of the child, and a proven history of abuse can limit custody rights or result in supervised visitation. Even credible allegations may prompt temporary restrictions while investigations and divorce proceedings unfold.Spousal support in California is not determined by financial figures alone. While income, earning capacity and the standard factors still play a central role, courts also consider the broader circumstances of the marriage. This includes any evidence of domestic violence, which can influence both the amount and duration of spousal support.Lastly, California courts can award a larger share of community property to the victim if domestic violence caused financial harm, including through economic control, depletion of assets or other conduct that reduced the marital estate.
Why documentation is everything
Courts base their decisions on the evidence presented. If you've experienced domestic violence, documenting every incident through police reports, photographs, medical visits and text messages can build a strong foundation of your case. Reaching out to a qualified legal professional can help you take the right steps forward, make sense of what to document and ensure your concerns are clearly presented in the legal process.
]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[How to optimize privacy during a high-asset divorce]]>https://www.molmfamlaw.com/?p=542922026-05-02T23:08:33Z2026-05-02T23:08:33ZPush to settle outside of court
Divorce does not always require litigation. Even in cases where there are intense disagreements about property distribution, custody matters or financial support, spouses can find ways to settle their disagreements and proceed with an uncontested divorce.
If they settle their disputes outside of court, only the signed agreements they present to the courts to guide the final orders become part of the public record. Any issues they discuss as they negotiate outside of court remain private.
Spouses often need assistance from outside professionals, ranging from child care specialists to financial advisors, as they work toward an amicable settlement in a high-asset divorce. In scenarios where emotions run high and there are allegations of misconduct, reaching a settlement that includes a mutual non-disparagement clause can also help protect the privacy and reputation of the divorcing spouses.
Discussing privacy concerns with an attorney early in the high-asset divorce process can help spouses limit reputation-damaging public disclosures. The right approach to divorce can minimize the damaging fallout of the end of a marriage.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Which income sources count towards your spousal support payments?]]>https://www.molmfamlaw.com/?p=542812026-04-22T17:30:23Z2026-04-22T17:30:23ZWhen you go through a high-asset California divorce, courts rarely use just the number on your W-2 to calculate your spousal support. If you earn money from multiple sources, courts look far beyond your base salary. In high-stakes divorces, income is a moving target. Hence, knowing what courts count gives you a clearer picture of what to expect and how to prepare your case.
How California law broadly defines income
California courts define income very broadly for spousal support purposes. In fact, judges consider virtually all sources of recurring money to assess each spouse's ability to pay and to preserve the marital standard of living that both parties shared during the marriage. This means the court does not stop at reviewing your paycheck alone. It examines the full scope of your financial life, including sources that may not appear on a standard tax return. With that broad legal definition in mind, here are the five income streams courts focus on.
Five income streams courts examine
Because California courts cast a wide net, nearly every dollar you earn or receive is fair game during a support review. Here are the five income streams courts commonly examine when determining a spousal support order:
Wages and compensation: Courts review this because it reflects your most direct and consistent earning capacity. This includes your salary, hourly wages, overtime pay, commissions and bonuses.
Self-employment earnings: Courts look at this to get an accurate picture of what your business actually puts in your pocket. This covers net earnings from any business you own or operate.
Investment and passive income: Courts factor this in because it represents real financial resources available to you, even when you are not actively working. Common examples include dividends, interest, royalties and rental property income.
Retirement and benefits: Courts examine these sources because they contribute to your long-term financial stability. This category includes pensions, annuities, Social Security benefits, disability insurance and worker's compensation.
Other income sources: Courts consider these because even irregular or non-taxable funds can reflect your overall financial position. Examples include trust income, lottery winnings, inheritances and certain non-taxable payments.
Each of these income streams can directly affect how much support a court orders you to pay or receive. With a full picture of what courts examine, you can better understand what is at stake and why taking the right steps early on matters.
Protect the income you’ve worked hard to earn
High-asset divorces rarely produce straightforward spousal support outcomes. The broader your income picture, the more important it becomes to fully understand how the court evaluates each source and what that means for your financial future. Therefore, knowing your rights and your options puts you in a stronger position to make informed decisions every step of the way.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Can you afford to keep the home after divorce?]]>https://www.molmfamlaw.com/?p=542692026-04-15T14:07:43Z2026-04-15T14:07:43ZIf you are getting divorced, there are many potential reasons why you would want to keep the house. Perhaps you have children, and you want them to have a stable living situation. Maybe you understand how competitive the modern housing market is, so a home is a major asset to consider.
While the desire to keep the house is understandable, it is important to carefully consider if it will be affordable. This is part of the reason why it is so helpful to make a post-divorce budget.
Your standard of living will likely decline
One thing to keep in mind is that your overall income will decline when you get divorced, as will your standard of living. Even if you and your spouse both work, many of the costs that you used to share – like a mortgage or utility payments – will now be your responsibility alone.Exactly how your income changes after divorce depends on many factors, such as spousal support or child support. But your post-divorce budget can help you determine whether the same home is still affordable on one income, the way that it was on two.
Refinancing your mortgage
Another thing to consider is the potential need to refinance your mortgage, even if you get to keep the house during property division. Anyone on the mortgage is responsible for payments, so your spouse would likely want you to refinance into your own name. But since you are now on one income with a higher percentage of financial obligations, it may be more difficult to qualify for a mortgage.This does not apply if your house is paid off, of course, where all you have to consider are ongoing payments like utilities, property taxes and maintenance and upkeep costs.
Planning for the future
Everyone’s situation is unique when it comes to property division and their post-divorce budget. Just be sure you know what options you have and what legal steps to take at this time.
]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Preparing for an international relocation when sharing custody]]>https://www.molmfamlaw.com/?p=542622026-04-13T15:22:46Z2026-04-12T11:49:48ZRelocations are often complicated matters, as they generally require a post-decree custody modification.
In scenarios involving a relocation out of this country, advance planning is necessary to avoid legal complications that could include an inability to travel abroad or the return of one’s children to the United States.
Prior consent is mandatory
Some parents relocating when they share custody have the option of moving without discussing the matter with their co-parent. The move is close enough to their existing residence or the home of the co-parent to ensure that the new housing arrangement does not interfere with custody exchanges.
In many cases, parents require pre-approval when moving far enough away to disrupt the parenting schedule or out of the state of California. Prior permission is absolutely required in cases where the relocation takes the parent and the minor children out of the United States.
Occasionally, a co-parent may consent to an international relocation. If they recognize that it is likely to be beneficial for the children, they might agree to take them for the entirety of summer break every year, for example. Parents can always cooperate with one another to adjust their custody order when one of them must relocate while the children are still minors.
If there is a dispute about the necessity of the move or how to adjust custody to ensure that the children can still maintain a bond with the other parent, then the matter may require litigation. A family law judge can theoretically approve an international relocation and modify a custody order to include regular travel back to the United States and even virtual visitation to facilitate regular communication between the children and the parent still located in California.
Failing to follow the right procedures could result in claims of an international parental kidnapping and the invocation of the Hague Convention. Taking the right steps to modify a custody order is of the utmost importance for parents who want to relocate, especially if the plan is to leave the country. An attorney can help parents planning a move to ensure that they follow the appropriate procedure to secure the consent they need.
]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Is your spouse hiding assets from you?]]>https://www.molmfamlaw.com/?p=542372026-04-08T15:00:13Z2026-04-08T15:00:13Zhow to divide property and assets based on community property distribution. To do this. They will require accurate financial records from both partners. All documents related to poverty ownership, savings, income and debt should be disclosed.
Sometimes, one partner believes that they are not going to get a fair deal, and tries to hide assets as a result. What are some of the more common signs that this is the case?
Restricting your access to accounts
Throughout the marriage, you and your spouse had shared access to the accounts. You’ve recently tried to log on in preparation for the divorce, only to find that your access has been restricted. Your spouse is the only person who could have done this. The question is why? Are they trying to hide something?
Your spouse travels a lot
The family court is not a criminal court and as long as your spouse attends scheduled dates, they shouldn’t be subjected to any travel restrictions. Your spouse has taken several trips abroad within a short space of time, which is highly unusual. Could they be opening up accounts elsewhere and looking for loopholes to prevent you from obtaining a fair divorce settlement?
Hiding assets from the court is a serious matter and it is one that needs to be resolved quickly. Having legal guidance on your side will help ensure that you are not taken advantage of.
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]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[How prenuptial agreements can create stronger marriages]]>https://www.molmfamlaw.com/?p=542172026-03-31T19:28:09Z2026-03-31T19:28:09ZRequiring difficult conversations
People preparing for marriage often focus on the wedding ceremony or their upcoming honeymoon. They may not have difficult conversations that are important for a strong and balanced marital relationship.
As weddings have become more secular in nature, premarital counseling has become less common. The act of negotiating a prenup requires that spouses discuss matters such as their financial circumstances and plans for children. Doing so can align their expectations, helping ensure that they both approach the marriage from the same perspective.
Reducing the uncertainty in divorce
For those feeling stagnated by a long-term marriage, divorce can seem exciting and mysterious. Inaccurate assumptions about the financial implications of divorce might give people unrealistic expectations about the security of their future.
When spouses have already negotiated terms for property division and other economic divorce matters, they are less likely to find divorce exciting or to even view it as an opportunity for personal enrichment. The terms for property division and financial support can be outlined in the prenup.
Prenuptial agreements can improve the dynamic between spouses and remove common incentives for filing for divorce. When spouses-to-be negotiate a prenup, with the guidance of their own legal representatives, they can better move forward with confidence and clarity.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[A potential custody solution for high-income spouses]]>https://www.molmfamlaw.com/?p=542152026-03-16T17:57:56Z2026-03-16T17:57:56ZDivorce is challenging for all couples, and for those with minor children, it can get even more complex. If you and your soon-to-be ex-spouse are struggling with custody issues, one possible option is bird-nest custodyThis is an out-of-the-box custody arrangement that can only be reached by an agreement between the divorcing parents. No judge will order this option, but the majority will sign off on parental agreements supporting this form of custody.
How does it work?
Bird’s nest custody works by allowing the kids to remain full-time in the family home, in their own rooms and beds, while the parents shuffle in and out instead. It is usually the least disruptive of all the options the kids of divorcing parents face for the following reasons:
It’s more expensive than traditional 2-home parenting
One reason why bird’s-nest parenting is an option more for high-earner divorcing couples is that it’s typically more expensive. The parents will usually be supporting (or at least contributing to) three households: the family home for the kids and homes or apartments for the two adults.People struggling to make ends meet might not have the money or resources to explore this option fully, unlike those coming out of marriages where both parties were high earners.
Other objections to bird-nesting
Both spouses must be able to respect each other’s boundaries, and the parents must be able to maintain a civil relationship. Another problem that crops up is what happens when either spouse moves on with another relationship.Few couples want to share living space (even at different times) with someone they view as their replacement. These couples may even want to return to court to amend their custody orders.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLP<![CDATA[Can you protect your inheritance while you are married?]]>https://www.molmfamlaw.com/?p=541872026-02-20T14:58:49Z2026-03-03T14:56:52ZDrafting a postnuptial agreement
A postnuptial agreement can act as a legal fence that safeguards your inheritance from a potential divorce. You may use this document to identify the inheritance as your sole separate property. However, it is vital to avoid commingling the asset with community funds to ensure it retains its separate property status.
Moreover, you may include a waiver of apportionment rights. But for it to be enforceable regarding a spouse's future labor, the document must strictly adhere to fiduciary disclosure rules and be free from undue influence.
Meeting the criteria for fiduciary duty
For a postnup to be enforceable, you must provide a complete list of all your financial assets and debts. Because the agreement disproportionately benefits you, rebutting the legal presumption of undue influence is necessary. You must prove that the other spouse provided a truly informed and voluntary consent.
Securing your legacy and peace of mind
Your postnup is a clarity tool that allows you and your spouse to focus on a future without the weight of potential litigation hanging over your legacy. Because California courts scrutinize these agreements heavily, keeping your agreement compliant with the law requires precision. Seeking legal counsel can ensure your agreement meets every statutory requirement while protecting your emotional well-being.]]>