Author Archives: Jay Butchko
Frequently Asked Questions on Temporary Spousal Support in California
See below for a discussion on some of the most commonly asked questions surrounding temporary spousal support in California. Q: What Is Temporary Spousal Support? A: Temporary spousal support is a court-ordered payment that one spouse pays to the other spouse during a divorce or legal separation. The order is meant to help a… Read More »
How is Temporary Spousal Support Decided in California?
If you are navigating a divorce in California, understanding how temporary spousal support works can help you prepare for the financial realities of divorce. Temporary spousal support is financial support ordered by the court while the divorce is still pending. Its purpose is to help the lower-earning spouse maintain, as closely as possible, the… Read More »
California Dependency & Parentage: Lessons from Miles v. Gernstein and In re Marriage of J.G. & K.G.
The California Court of Appeals has recently issued two influential decisions that underscore the evolving legal landscape in dependency and parentage law. These cases—Miles v. Gernstein (March 28, 2025) and In re Marriage of J.G. & K.G. (May 2, 2025)—both ultimately serve to highlight the California court’s efforts to reinforce the “best interests of… Read More »
Understanding the Annulment Process in California
An annulment is a legal process that treats the marriage as if it never happened. Annulments are less common in divorce, but they are an option in specific situations. This article will help readers understand the general rules surrounding annulments in California law. For detailed information and legal advice on California annulments or the… Read More »
Handling an Upside-down Mortgage in Divorce
It’s a tale as old as time: a couple weds, works hard, saves, buys their dream home, but as life takes unexpected turns, the marriage may come to an end. Divorce is never easy, but for many couples, there is an added complication when their property is worth less than what is owed on… Read More »
Identity Theft and Divorce: Protecting Yourself When Your Ex has Access to Your Personal Information
When thinking about the difficulties that come with an impending divorce, many people overlook identity theft during or after a separation. Identity theft is a real risk after a couple separates, especially when your ex has access to bank accounts, credit cards, social security numbers, passwords, and other sensitive data. A bitter or vindictive… Read More »
Dividing Military Retirement in California Divorce
California is a community property state. That means any income, property, assets, or debts acquired during the marriage (from the date of marriage through the date of separation) is presumptively community property and is equally split in a divorce. Military retirement benefits are no exception. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA),… Read More »
Child Support Calculation in California
In child support cases, the court that takes the case applies its own state laws, and those laws can significantly impact the outcome. California uses a statewide uniform guideline formula to calculate child support. California courts do not just look at who earns more, but it also considers how much time each parent spends… Read More »
Can Unwed Parents be Ordered to Pay Their Share of IVF Costs?
Families do not all follow the same formula. California courts have continued to evolve to reflect the realities of today’s families. For those navigating parenthood without marriage, a key question has recently been answered by a new case: Can unwed parents be ordered to share the cost of IVF treatment? This issue has recently… Read More »
A Flipping Headache: Valuing a Business in Divorce
Divorce is oftentimes not simple, especially when a business is part of the marital estate. In California, where community property laws apply, both assets and debts acquired during marriage are presumptively community property and equally split. That includes businesses – whether one spouse founded a business or both were involved. Why Business Valuation Matters… Read More »
