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Riverside California Family Law And Criminal Defense Blog

Divorce rates are changing, but what does it mean?

Perhaps at some point you've heard that approximately 50% of all marriages will likely end in divorce. This is a statistic often repeated by many people, but how much truth is in it? Divorce rates for Americans are changing rapidly, but that does not necessarily mean that it is because marriages are more successful now than they were in the past.

If you are considering divorce or are already involved in the process, it may be of interest to you to learn more about what changing divorce rates really mean. Every situation is different, and you will find it beneficial to learn everything you can about your rights and understand your options before you move forward. This is smart, regardless of how old you are or what demographic you fit in.

Your divorce, your student loans and your financial future

When a person goes through divorce, one of his or her main concerns is what the future will look like. This may be a concern for you as well as you consider your finances and the potential impact of your divorce. Will you be able to pay your bills? Will you struggle to make ends meet? How can you manage your loan payments on your own?

Like many in California, you may have left college with a significant amount of student loan debt. Student loans are a part of life for many people, and while married, you and your spouse may have shared the cost of these payments. However, now that your marriage is over, what does that mean for the amount you owe? Is your spouse responsible for any of it? It will help to learn about property division and what to expect from your financial future.

Ways job loss may be addressed during a divorce

Losing a job can be an unexpected blow for anyone in California. It can be even more problematic if spouses are in the middle of getting divorced when one of them suddenly becomes unemployed. But there are ways to address this issue as divorce negotiations proceeds and arrangements are made.

Because every situation with job loss during the end of a marriage is different, the court will want to know the circumstances involved. When judgments need to be made concerning spousal or child support, for example, a court is more likely to be understanding if a job was lost due to no-fault reasons, such as layoffs. This may not be the case, however, if a spouse lost a job due to their own actions.

Divorce considerations for business owners

Divorce can affect California business owners differently than individuals who don't own a business. Knowing what to expect can help a business owner prepare for divorce. It is essential for business owners to consider both the short- and long-term impacts of divorce.

A business is different than many other marital assets in several ways because it may also be a primary source of income. Assets are normally divided in a divorce, but doing so when it comes to a business could cause the enterprise to become insolvent and result in lost earning power.

Documents that can help women investors prepare for a divorce

Divorce can present many challenges for anyone leaving a marriage in California. Untying the knot can be especially burdensome for women with investments and other assets they wish to protect. Once the decision to divorce has been made, women are often advised to gather important pieces of information before settlement discussions begin.

Tax returns are definitely one of these important documents. It's typically recommended that a divorcing woman obtain two to three years' worth of recent tax records, including related 1099s or W-2s. Accessing tax information related to a privately held business a woman may own is sometimes difficult, but these details can be important if personal expenses are handled through company accounts.

Getting Social Security benefits after divorce

People in California who are trying to estimate the effect of a divorce on their retirement should be aware that they might be able to draw Social Security benefits on an ex-spouse's contributions. It is necessary for the marriage to have lasted for 10 years or longer.

It is not necessary for the ex-spouse to have started drawing benefits, but if this is the case, the divorce must have been at least two years ago. A person can start drawing benefits at the age of 62 although this is not full retirement age. For people born in 1960 or later, full retirement age is 67. Benefits will be lower if taken before this age.

Parenting plans include much more than just a visitation schedule

Even in the midst of dividing up property, bank accounts and more, your primary concern probably involves making sure your children get through this transition as well as possible. You may even have a vision of what co-parenting will look like for you and your future former spouse.

It may be possible to make that vision a reality, especially if the other parent feels as you do. You and the other parent can help do that by creating a parenting plan, which is about so much more than just deciding when each of you will have the children in your home.

Keto diet may skew breathalyzer results

Being pulled over in California for a suspected DUI can be reason enough for concern for any motorist. But breath test results may not be accurate for individuals on the Keto diet because of the way fat is broken down by the liver. When the body is in what's known as ketosis, a false positive could be registered on a Breathalyzer under the right circumstances.

The breakdown of fat that occurs on the keto diet produces acetone as a byproduct, which can be released via the breath as isopropyl alcohol. While inexpensive DIY breath test models may not be able to tell the difference between ethanol and isopropyl alcohol, police typically use fuel cell-based Breathalyzers in their cars. These more sophisticated devices claim to be able to tell the difference between these two types of alcohol, but this may not be the case if someone consumes alcohol while their body is in ketosis.

Insurance issues that matter most during a divorce

From figuring out who gets the house to dealing with custody issues, California couples going through a divorce typically have a lot on their plates. As a result, it's easy for other important matters, such as insurance, to be overlooked. While it's advisable for couples to review policies regularly, it's even more important to do so when a marriage ends. The two most common types of insurance that tend to become an issue due to divorce-related changes are health insurance and life insurance.

With health insurance, a non-income-earning spouse may be dependent on the other spouse's employer-based policy for coverage. If this is the case, they could sign up for COBRA benefits to receive up to three additional years of coverage on a spouse's plan. If a divorcing spouse does not have their own employer-sponsored health plan, another option is to consider what's available through the Affordable Care Act, which is income-based.

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Law Offices of Catherine A. Schwartz
6877 Magnolia Avenue
Riverside, CA 92506

Phone: 951-335-0510
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