Monthly Archives: December 2011

Is a partnership distribution which was not paid before the date of separation, community property in a California Divorce?

The court in Foley v. Foley decided that Partnership distributions from employment at a law firm are community property in California to the extent they were earned during the marriage. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE During the … Continue reading

Posted in Community Property, Orange County Family Law Lawyer, Property, Separate Property | Tagged | Leave a comment

Does a Waiver of Future Claims in an MSA Preclude an Award of Attorney Fees Based Upon Need?

 Many parties settle the terms of a divorce by entering into an agreement. It is important that both parties understand the terms of the agreement, because they will be enforceable. If a marital settlement agreement (“MSA”) states that the … Continue reading

Posted in California Divorce, Property | Tagged | Leave a comment