San Francisco Family Law Blog

The infatuation and passion you feel during your engagement in San Francisco may make considering the possibility of divorce the last thing you want to think about. For this reason, you (like many others) likely give little thought to entering into a premarital agreement with your spouse. Yet many will often come to us here at the Ruben Law Firm regretting this decision. If you also come to share the same regret, you will be happy to know that you may still have the chance to enter into a similar agreement with your spouse. 

Section 1500 of the California Family Code states that premarital agreements (or any form of marital agreement) can override the property rights of spouses prescribed by the state's statutes. The inclusion of "other marital property agreement" in the language of this statute opens the door to the possibility of a postmarital agreement. Like a premarital agreement, one created after you are married can redefine what constitutes marital property and income, thus protected any assets you may own (or acquire during your marriage) from becoming subject to property division should you choose to divorce. 

Divorce proceedings in San Francisco can easily become emotionally charged, prompting those going through the process to want to distance themselves from each other as much as possible. Your ex-spouse wanting to move away may not be unexpected, yet also hoping to take the kids with them can complicate matters. Parental relocation immediately brings up the issue of jurisdiction. Many that come to us here at the Ruben Law Firm are concerned that their exes' decisions to relocate are motivated by which states they believe offer them the best shot at a favorable custody ruling. This prompts the question of how concerned should you be if your ex-spouse seems to to be shopping for a preferred custodial jurisdiction? 

You will be glad to hear that states typically no longer compete over custodial jurisdiction. A federal law exists known as the Uniform Child Custody Jurisdiction and Enforcement Act that is meant to deter parents from moving away when they believe another state might favor their claims to custody. According to the website for the Judicial Branch of California, all 50 states recognize the authority of the UCCJEA. 

Child custody matters can often become contentious, which can add undue stress to the already stressful situation that you and your children are experiencing. This is why (when possible), we encourage those who come to see us here at the Ruben Law Firm to attempt to work through such issues amicably with their ex-spouse's. No matter the negative feelings you may feel towards your ex-spouse, the reality is that when you have children together, your association will continue. Ensuring that it is at least respectful will help in dealing with emergency custodial situations when they arise. 

Say that either you or your ex-spouse is in a serious accident, develops a grave illness, or is called out-of-town for an extended period of time. Such happenings will no doubt impact your custody arrangement. The two of you can either be left scrambling to try and find other parties to care for the children in order to ensure that your custody agreement remains intact as is, or you can try to work together to come up with a temporary amended agreement. 

As a California resident, you already likely know that some spouses can receive spousal support when they divorce. But what if you were never legally married and instead have been living with someone without benefit of marriage? Can you receive spousal support if and when your live-in relationship comes to an end? The answer is yes, under certain circumstances, and the reason is because of California’s unique palimony law.

If you have never heard of palimony, you likely are not alone. The case establishing it in California dates back to the 1970s. In 1971 a woman named Michelle Triola sued famed actor Lee Marvin, her longtime live-in partner, for half of his property, as well as “spousal” support, when their relationship ended.