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Posted on in Divorce

California family lawyerMost people hear the word “prenup” and automatically assume the worst - that the marriage is destined to fail because one or both of the spouses do not trust each other. However, one of the best reasons to get a prenuptial agreement is not to protect your assets from the other spouse in the case of a divorce, but to protect the other spouse from your mounting debt. To find out more, do not hesitate to reach out to a San Jose prenuptial agreement attorney for answers today.

Debt Is a Growing Problem in America

There are many good reasons to consider a prenuptial contract. For one, it offers peace of mind (for the spouses and their family members) when one spouse is much wealthier than the other. Similarly, if you expect a future inheritance, a prenuptial agreement may be wise. Additionally, it may be a good idea to consider a prenuptial agreement if you are entering a second marriage but want to make sure that your children from your first marriage are left with your property if you pass away. But what about protecting the other spouse from your own financial woes?


California divorce lawyerIn many cases of divorce in California, it is possible for divorcing spouses to avoid litigation and retain control over decision-making with regard to the division of marital property and establishing of parenting time with children. In some instances, however, it is not possible to reach a fair and mutually agreeable resolution, whether because of anger, resentment, greed, or other conflict-escalating emotions.

In high-asset divorces, particularly, there may disagreements over the division of marital property. In a California divorce, division must abide by the state’s community property law, which determines what constitutes the “marital economic community” in a marriage. If your soon-to-be ex-spouse is arguing for unfair division of marital property, claiming as separate property what is, in fact, the community property of the marriage, turn to an experienced Sunnyvale divorce attorney.

California Is One of Nine Community Property Law States


California divorce laws, California divorce attorneyIn California, all property that was obtained during a marriage is known as “community property.” During a dissolution of marriage, also known as divorce, this property must be divided equally between the two parties. However, there is another aspect of property that must be taken into consideration. This is known as “separate property.” What is this and must it also be disclosed during dissolution proceedings? Let us explore the realm of separate property and asset division.

What Is Separate Property?

First, let us discuss how property is actually defined. Property in and of itself is anything that can be bought and sold, such as a house, car or boat. It can also be anything of value. For instance:

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