Retirement Division in a North County Divorce

Retirement Division in a North County Divorce

Pierre Domercq Divorce

How are retirement accounts, pension and social security handled in a North County Divorce? Retirement division in a North County divorce begins with the requirement for all retirement accounts such as 401k or pension plans to be divided equally based upon community property laws.  However, social security is considered “separate” property in a Carlsbad or Oceanside divorce and cannot be …

Are Millennials Lowering the National Divorce Rate

Are Millennials Lowering the National Divorce Rate

Pierre Domercq Divorce

Are Millennials lowering the national divorce rate?  A new study out of the University of Maryland has determined that the national divorce rate dropped by 18% from 2008 to 2016.  Have the values with which Millennials approach a marriage fundamentally changed the success rates of today’s marriages? The study noted women in new marriages today are much more likely to …

What is a California Family Law Certified Specialist

Pierre Domercq Family Law

What is a California Family Law Certified Specialist and why does this matter in a North County Divorce case? The answer comes down to 3 important issues: 1. accomplishing your goals and objectives 2. time 3. money Most people who decide to divorce in California actually attempt to handle the process on their own. According to the State of California …

Emotional Responses Add Time and Cost to a Divorce

Pierre Domercq Divorce

The primary source of cost in a divorce is the amount of discord and disagreement between the parties. How do you handle conflict and are you aware when your former spouse is pushing your emotional buttons? One of the most profitable skills to work on during your North County divorce is the ability to manage powerful emotion and recognize emotional …

How will Spousal Support Change Under the New Tax Law

Pierre Domercq Divorce

The tax recent tax reform signed into law late last year produced significant changes which will impact many divorce cases in North County. The new law changed the nature of income and how deductions and tax credits will be handled in a divorce case, especially as it relates to spousal support. Most North County parents will be able to deduct …

How Are Belongings, Assets and Debts Divided in a North County Divorce?

Pierre Domercq Divorce

How are belongings, personal property, assets and debts divided in a North County divorce? The legal term for these issues is “community property.” Community property is to be divided equally between the parties. While this may sound easy and straight forward, the reality is completely different in many Oceanside, Encinitas and Carlsbad divorce cases. Community property encompasses any asset or …

How Does Standard of Living Affect Spousal Support

Pierre Domercq Spousal Support

How does standard of living affect spousal support in a North County divorce case? How will the standard of living be determined in our case? The standard of living enjoyed by the couple during the course of their marriage is one of the key factors when determining the amount of spousal support. The general idea is to balance the standard …

Spousal Support in Long Term Marriages

Pierre Domercq Spousal Support

How is spousal support generally handled in divorces associated with long term marriages in North County? Generally speaking our courts consider a long term marriage as one which lasted more than ten years. In these cases the court will often consider either a more substantive spousal support, a longer term of support or a combination of both. There are many …