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Divorces are rarely straightforward, and when California divorce and Intellectual Property (IP) enter the mix, the process can become even more complex. Intellectual property often represents significant financial or sentimental value, and dividing these assets requires careful consideration under California law.

These assets must be carefully assessed and divided according to the state’s community property laws. This article will explain how intellectual property is categorized, valued, and divided during a California divorce.

Understanding Intellectual Property in Divorce

Intellectual property refers to creations of the mind, such as inventions, artistic and literary works, names, symbols, and designs used in commerce. In a divorce, these assets must be treated with the same legal scrutiny as more tangible forms of property, such as real estate or vehicles.

Common types of IP include:

• Patents — Protect inventions or processes.
• Copyrights — Protect original works like books, music, and films.
• Trademarks — Protect brand names, logos, and slogans.
• Trade Secrets — Protect confidential business information.

Community vs. Separate Property in California

California is a community property state, which means that most assets acquired during the marriage are considered joint property and are divided equally in a divorce. For example, if one spouse wrote a book before the marriage but received royalties during the marriage, the royalties may be classified as community property. However, assets classified as separate property, those owned by one spouse before the marriage or acquired through inheritance or gifts, remain with that spouse.

When it comes to intellectual property, the key questions include:

• When was the IP created? — If the IP was created before the marriage, it is typically considered separate property.
• Was the IP monetized or developed further during the marriage? — If the IP was enhanced or earned income during the marriage, any revenue or increased value may be subject to division.

Valuing Intellectual Property

The valuation of intellectual property can be a complicated process. Determining its worth requires understanding both current and potential future income generated by the asset, and hiring financial experts or appraisers specializing in IP valuation is often necessary to ensure accuracy. The typical valuation methods include:

• The income-based approach looks at current and projected earnings from the IP.
• The market-based approach compares the value of similar intellectual properties in the market.
• The cost-based approach evaluates the expenses involved in creating or developing the IP.

Dividing Intellectual Property

Dividing intellectual property in a divorce usually involves one of the following approaches.

• Equal Division of the Asset — If intellectual property is considered community property, it may be divided equally between the spouses. This could involve sharing royalties or licensing income.
• Offsetting Assets — In some cases, one spouse may keep the intellectual property while the other receives an asset of equal value. For instance, if one spouse owns a trademark, the other might receive a larger share of real estate or retirement funds.
• Ongoing Revenue Sharing — If the IP generates ongoing income, the court may order revenue sharing, in which both spouses receive a percentage of future earnings.

Factors Courts Consider

Courts take several factors into account when dividing intellectual property. Some of the factors they will consider include the following.

• Time and Effort During the Marriage — If the non-creator spouse contributed to the development or success of the IP (e.g., by providing financial support or promotional efforts), they may have a claim to a share.
• Contracts and Agreements — Prenuptial or postnuptial agreements that address intellectual property can significantly influence the division.
• Earnings and Future Potential — The court evaluates how much the IP has earned and its potential to generate income in the future.

Resolving Disputes

Disputes over intellectual property in a divorce are common. Mediation or collaborative divorce methods help resolve conflicts without prolonged court battles. If litigation becomes necessary, having an experienced family law attorney who understands intellectual property is critical to protect your interests.

Let Azemika & Azemika Help Navigate the Complexities of Intellectual Property Division During Your California Divorce

Dividing intellectual property during a divorce demands a thorough understanding of California’s community property laws and the nuances of intellectual property. By understanding how intellectual property is divided in a California divorce, you can approach your case with greater insight and preparedness.

At Azemika & Azemika, we combine years of experience in family law with the knowledge needed to address unique assets like IP. We provide personalized attention to every client, ensuring that your case is handled with care, professionalism, and the dedication it deserves.

Whether you’re an artist, inventor, or business owner, we understand your intellectual property’s personal and financial importance. Our team works tirelessly to ensure these assets are valued appropriately and divided fairly.

Contact us today to schedule a consultation, and let us guide you through the divorce process with confidence and clarity.

Divorce is a complex and often emotionally charged process, and when pregnancy is involved, it can feel incredibly overwhelming. Navigating the legal and personal challenges of divorce during pregnancy requires careful planning and a clear understanding of the unique considerations at play. Even though pregnancy adds layers of complexity, it does not affect the eligibility to file for a divorce.

In California, family law prioritizes the mother’s and unborn child’s health and welfare. This means the divorce process may involve additional legal and financial factors to support the mother during this time. This article will explore what you can expect and provide practical tips on managing a divorce while preparing to welcome a child.

Understanding California’s Divorce Laws

California is a no-fault divorce state, meaning neither spouse has to prove the wrongdoing on the part of the other to file for divorce. The most common grounds for divorce are “irreconcilable differences,” meaning the marriage has broken down beyond repair.

However, it’s essential to understand that California imposes a mandatory six-month waiting period before a divorce can be finalized. This waiting period is often beneficial for expectant parents because it allows for careful planning and thoughtful decision-making during an emotionally intense time.

The Legal Status of the Unborn Child

While California courts generally don’t address child custody, visitation, or support until after a child is born, the unborn child’s welfare can still play a role in the divorce process. Since pregnancy can involve unique health needs and emotional stresses, the court may consider how a divorce might impact the mother’s and child’s well-being when making temporary decisions.

Here are some ways the unborn child’s status may come into play during a divorce.

• Health Insurance — It’s vital to ensure that health insurance coverage remains intact during and after the pregnancy, as prenatal and postpartum care can be expensive. The court may mandate that the spouse with existing health coverage maintains it for the pregnant spouse and unborn child.
• Living Arrangements and Financial Support — During a divorce, the court can issue temporary orders for spousal support and housing arrangements to ensure the pregnant spouse’s stability. This support can help with the costs of prenatal care, reduce stress, and foster a healthy environment for the unborn child.

Parentage and Legal Rights

In California, if a child is born during a marriage, it is presumed that both spouses are the child’s legal parents. However, if the pregnancy is a result of a relationship outside of the marriage, determining legal parentage will be essential for establishing custody, visitation, and child support.

If paternity is uncertain, it’s generally best to resolve these issues before the child is born. Establishing paternity legally ensures that both parents’ rights are considered and affects custody, visitation, and financial obligations. California has procedures, including voluntary acknowledgment of paternity and genetic testing, to help clarify these matters.

Child Custody and Support Considerations

Because the court cannot issue custody and child support orders until the child is born, parents going through a divorce during pregnancy will have to make temporary arrangements. After the birth, a formal parenting plan can be created, and the court will finalize custody and child support orders.

The court’s primary concern in custody matters is the child’s best interest. They will consider factors like the child’s health, safety, and welfare and each parent’s ability to care for the child. The courts establish physical and legal custody arrangements when the child is born.

When determining where the child will primarily reside (physical custody), the courts may initially favor the mother, especially if she is breastfeeding. However, the father can still be granted visitation rights.

Legal custody entails making important decisions about the child’s health, education, and general welfare. Even if the parents are divorced, joint legal custody is shared in California, provided both parents can cooperate effectively.

Temporary Orders for Support

During the divorce, you may need financial support to cover medical expenses, living costs, and other essential expenses tied to the pregnancy. California courts can issue temporary orders for spousal support (alimony) and child support once the child is born. These orders are designed to ensure the pregnant spouse has the necessary resources to maintain a healthy pregnancy and prepare for life as a single parent.

Temporary spousal support is calculated based on each spouse’s financial circumstances. Child support will be calculated once the child is born. The amount is based on factors like each parent’s income and the time they spend with the child. While temporary orders can be adjusted post-birth, they provide an immediate solution for the pregnant spouse’s financial needs.

Practical Tips for Navigating a Divorce During Pregnancy

Going through a divorce while expecting a child can be physically and emotionally exhausting. Here are some practical tips to help make the process more manageable.

• Prioritize Your Health and Well-being — Pregnancy and divorce can each be stressful on their own. Remember to prioritize your physical and mental health by establishing a support network of family, friends, and healthcare providers. Counseling or therapy may also be beneficial during this time.
• Develop a Financial Plan — Pregnancy and the prospect of single parenthood can come with financial challenges. Work closely with a financial planner or legal advisor to understand your financial rights and develop a plan to secure financial stability.
• Create a Parenting Plan in Advance — While you can’t obtain a custody order until the child is born, start discussing and creating a tentative parenting plan with your soon-to-be ex-spouse. Doing so will ensure that both parties understand each other’s expectations and reduce the chances of future disputes.
• Seek Legal Counsel Early On — The laws surrounding divorce, parentage, custody, and support are complex, especially during pregnancy. Consulting a qualified family law attorney early in the process will help protect your rights and give you a clearer understanding of the road ahead.
• Consider Alternative Dispute Resolution — If possible, consider using mediation or collaborative divorce methods. These approaches often help reduce conflict, lower costs, and produce mutually beneficial arrangements without court intervention.
• Document Your Communication and Expenses — Keep track of any communication with your spouse regarding financial support, medical needs, and parenting plans. Additionally, document any pregnancy-related expenses. This information can be valuable in court to secure adequate financial support.

After the Child is Born

Once the child is born, the court can finalize custody and support arrangements. California family law prioritizes the child’s best interests, so be prepared to work cooperatively with your ex-spouse to establish a stable environment for your newborn. After the birth, consider seeking the assistance of a family counselor or mediator if any unresolved custody issues remain.

If the divorce process is still ongoing post-birth, this is also a good time to revisit your legal arrangements and adjust as needed. When finalizing your divorce and custody orders, the court will consider any changes in your or your spouse’s financial situation, the child’s healthcare needs, and other relevant factors.

Are You Pregnant and Going Through a Divorce? Turn to Azemika & Azemika

Going through a divorce while pregnant in California presents unique challenges. By understanding California’s legal requirements and leveraging available resources, expectant parents can build a foundation for a stable co-parenting relationship and a positive environment for their child. Seeking the support of family law professionals, healthcare providers, and loved ones can also make a significant difference in ensuring a healthy transition for you and your future child.

If you’re pregnant and considering a divorce, you may feel more comfortable working with a female family law attorney. Amanda Azemika is a partner at Azemika & Azemika and is here to help you navigate your divorce.

She was admitted to the California State Bar in 2021. She graduated from USC in 2015 with magna cum laude honors and graduated from USD School of Law with a concentration in Children’s Rights.

Ms. Azemika works exclusively in family law and is a member of the California State Bar Association, Family Law section, and the Kern County Bar Association, Family Law section. She currently serves on the Board of Directors for the Bakersfield ARC and the Women’s Lawyers Section of the Kern County Bar Association, as well as the co-president of the Bakersfield ARC Board for Young Professionals.

Contact us today for a consultation with Ms. Azemika or one of our other experienced Bakersfield divorce attorneys.

Common law marriage is often confusing when understanding California marriage laws. Many believe that when you live together for a certain number of years and present your relationship as married in public, it grants them the legal status as married. It’s much more complex, especially since California doesn’t recognize common law marriage.

Couples residing in California must understand how this impacts their rights and responsibilities, especially in separation, property division, and estate planning situations. This article will discuss how common law marriage works in California, how it affects couples, and the legal options available to those who want to protect their rights.

What is Common Law Marriage?

Common law marriage refers to a union between two people who live together and present themselves as married without undergoing a formal wedding or obtaining a marriage license. In some states, couples in long-term relationships who fulfill certain requirements can legally marry, even without formalizing the marriage in court. These requirements typically include cohabitation, mutual consent to marry, and presenting themselves as married publicly.

In states recognizing common law marriage, couples may enjoy the same legal rights as those formally married, including property division, spousal support, and inheritance rights. However, this is not the case in California.

Is Common Law Marriage Recognized in California?

Regardless of the commitment each person has in the relationship or how long the couple has lived together, California does not recognize common law marriages. You can live together for decades in California without being legally recognized as married. While this might seem like a minor technicality, the lack of legal recognition can have significant consequences in several areas of life, especially if the relationship ends or if one partner passes away.

The only exception to this rule occurs when a couple is considered legally married under common law in another state. If a couple enters a valid common law marriage in a state that recognizes it and later moves to California, the state will honor that marriage.

The Impact of Living Together in California

Though California does not recognize common law marriages, couples who live together can still face legal challenges, particularly regarding property division and financial obligations. Couples often co-mingle their assets, purchase property together, or even start families without formalizing their relationship through marriage.

When the relationship ends, dividing property and assets can become complicated. California law provides limited protections for unmarried couples who are not legally married.

For example, there are no automatic rights to spousal support (alimony) or an equitable division of property. However, couples can enter into legal agreements, such as cohabitation agreements, to outline property rights, financial responsibilities, and other legal matters. These agreements can function similarly to prenuptial agreements for unmarried couples, offering a level of protection if the relationship ends.

Palimony Claims in California

In some cases, unmarried partners may be able to seek financial support after a breakup through what is known as a “palimony” claim. Palimony refers to financial support awarded to one partner in an unmarried relationship after separation, similar to alimony in a divorce.

However, it is crucial to understand that palimony claims are not automatic and can be challenging to prove. To succeed in a palimony claim, the requesting partner must demonstrate an agreement, either written or verbal, for one partner to provide financial support in the event of separation.

This often requires clear and convincing evidence that such a promise was made, which can be challenging to establish in court. Unlike alimony in a traditional divorce, palimony is not based on the length of the relationship or the financial disparity between the parties. It is solely dependent on the existence of an enforceable agreement.

Property Rights for Unmarried Couples

One of the most significant challenges for unmarried couples in California is the need for clear property rights. When a married couple divorces, California’s community property laws dictate that all assets acquired during the marriage are divided equally. However, these protections do not apply to unmarried couples.

Property is typically divided based on ownership if the couple is not legally married. This means that if a couple purchased a home together, the division of the property would depend on whose name is on the title. The property will be divided accordingly if both partners are listed as co-owners. If only one partner’s name appears on the deed, that partner would generally retain full ownership of the property.

This can lead to significant legal battles, especially if one partner believes they are entitled to a portion of the property because of their contributions to the household, such as paying bills or making improvements to the home. For this reason, unmarried couples are strongly encouraged to create legal agreements, such as cohabitation or property ownership agreements, to outline their rights and responsibilities.

Estate Planning for Unmarried Couples

Another important consideration for unmarried couples in California is estate planning. Without the legal protections of marriage, a surviving partner may have no right to inherit property or assets if the other partner dies without a will.

When a person dies without a will, that is called dying intestate, and their assets are distributed to their closest living relatives under the state’s intestacy laws. This often means that an unmarried partner may receive nothing, even if the couple has been together for many years.

To ensure that your partner is taken care of after your death, it is essential to create a comprehensive estate plan. This can include drafting a will, creating a living trust, and designating your partner as a beneficiary on life insurance policies or retirement accounts.

Do You Still Have Questions About Common Law Marriage in California? Azemika & Azemika Has Answers

Although California does not recognize common law marriage, unmarried couples can still protect themselves by understanding their legal rights and taking proactive steps to secure their future. If you and your partner are living together in California and want to ensure your rights are protected, it’s essential to seek legal advice from a knowledgeable family law attorney.

At Azemika & Azemika, we can help you navigate the complexities of California law, offering guidance on cohabitation agreements, property rights, and estate planning. Let our expert team of family law attorneys ensure you and your partner are prepared for the future.

Contact us today to schedule a consultation.

For most people, our retirement plans (should we be so lucky to have them) are one of the most significant financial interests in our name – a fund to cushion your later years with some comfort, built up literally over the course of a lifetime.

Therefore, it’s no surprise that when a couple decides to divorce, plans about what to do with the money in retirement accounts, sometimes jointly owned and sometimes separately, are very complex, fraught, and have high stakes.

Especially in long-term relationships where potential decades of savings are on the line, it’s vital to be well-informed and fully prepared in a divorce to protect your and your loved one’s well-being. If you live in California, part of that preparation means being informed about QDROs.

What Is a Qualified Domestic Relations Order? 

A Qualified Domestic Relations Order, or QDRO for short, is a legal document that officially sets out all the rules, contingencies, and expectations for dividing retirement funds between exes after a divorce.

A QDRO is necessary for one spouse to access the funds in another’s savings account – in fact, you cannot legally access those funds without such a document, regardless of any other agreements in place. It must be presided over and approved by a judge and approved and managed by a plan administrator, a neutral moderator to the involved parties. The ex-partner seeking access to funds is called the “plan participant.”

How Does It Work?

Essentially, a valid QDRO document establishes the legal right of one former spouse to access the retirement savings account. Once this right is established through the QDRO, the plan administrator can direct funds from the retirement fund straight into the plan participant’s account. This cuts out red tape, as the original plan owner no longer has to be personally involved in every transfer. 

Both separating parties must determine the exact amounts used in splitting the retirement plan. The judge or plan administrator input may be necessary to reach a fair agreement.

How Do You Obtain a QDRO?

This brings us to our next topic: how exactly one gets a QDRO court order. Unfortunately, while it’s not necessarily a simple process, it’s undoubtedly doable by following the steps below:

Prepare Documentation

Unsurprisingly, preparing a QDRO requires careful documentation of the funds in the retirement plan, considering how long contributions have been going into the account, the frequency of deposits, and who is depositing funds. 

Work with a trusted bank with experience in drafting QDROs, as you will need specific forms and paperwork formatted in a particular way.

Drafting The Details of The Document

Once all the pieces are assembled and preparation handled, the separating couple can sit down and determine how funds will be shared. Hopefully, this can be a relatively quick process if both parties can reach an agreement without too much friction. Otherwise, outside mediators may need to be paid and brought in to get a compromise. 

Submit The QDRO for Approval

Once both exes have signed off on the agreement, it must be approved by the plan administrator (typically a representative of the financial institution overseeing the proceedings). The administrator may demand edits or revisions to the document, which cannot be negotiated, and may start the bargaining process over again. 

Final Review And Approval

Once the plan administrator approves the document and the couple has officially signed off and agreed to it, it can be brought before a judge for final revision and approval. The judge will sign it themselves, making the QDRO official and legally binding. 

Lastly, it is returned to the administrator at the financial institution, who can begin to administer payments. 

Common Questions About QDROs

Is There A Deadline to File?

Officially, there is no limit to when you can file a QDRO. However, for best results, it’s typically in the interest of both parties to begin the process early and get it settled.

Who Is Responsible for Filing the QDRO?

Naturally, the responsibility lies with the plan participant, the ex seeking access to the retirement plan. They must do so to receive any benefits. 

How Long Does It Take to Receive Funds?

This largely depends on the divorce process – if things are relatively amicable and communication is good, the whole thing can be done in weeks, with payments coming soon after. 

On the other hand, fraught and contentious divorces can drag on for years as both parties scrum to get the best deal on everything, quickly delaying payment for a long time.

Can I File A QDRO By Myself?

While it is technically possible to file independently, given the high stakes and technical, complex regulations that must be followed, it’s a much smarter idea to work with a trusted attorney. 

That’s where Azemika & Azemika comes in – we specialize in family law and protecting families. Contact us today for a consultation.

It’s certainly true that divorces happen almost quickly, with both parties working in agreement or mutual understanding. However, this is hardly the norm, and for a majority of people out there, divorce can be a difficult, draining, painful affair. 

In these cases, when an already strained relationship is put under the pressure of competition and high stakes, people will often make malicious or cruel decisions in the emotional heat of the moment. In other cases, spite motivates one of the exes to try and punish the other as much as possible with cold determination.

Whatever the circumstance, one of the most common attacks employed by an aggrieved divorcee is what’s known as wasteful dissipation. If you or a loved one is involved in an acrimonious divorce, read on to better protect yourself.

What Is Wasteful Dissipation?

As the name implies, wasteful dissipation is a legal term that describes one partner intentionally squandering or destroying their assets during, after, or in the lead-up to a divorce. It usually takes the form of spending of shared funds, specifically: 

• Spending in an extravagant way is noticeably different from normal spending habits.
• Spending in a way that doesn’t benefit the household.
• Spending is either done behind their partner’s back or specifically against their wishes or consent.

It doesn’t only apply to money – it can also be used to describe things like selling, destroying, or vandalizing shared property. Anything that intentionally keeps value out of your exe’s hands can be used as an example.

But the most important legal distinction of wasteful dissipation is an intent to spend or destroy assets in a way that makes them impossible or nearly impossible to get back, all in an attempt to deprive their partner of those assets. 

Thus, to prove wasteful dissipation in court, you must use evidence to demonstrate that your ex intentionally acted in bad faith by wasting money without your knowledge and/or consent and did so specifically to spite you.

Impact of Wasteful Dissipation on a Divorce Case

This is almost always an act of pure spite, intended to punish the ex first and foremost, without much thought to anything else. As such, wasteful dissipation can often be just as harmful to the person doing it as it is to their intended target. 

This manifests in the two major impacts that wasteful dissipation tends to have on a divorce case – firstly, it has the intended effect of squandering and depleting assets. If you seek to claim 50% of your shared savings, it’s much harder to do so when your ex has already spent that money on cruises, lavish meals out, vacations, etc. 

However, much like adultery, abuse, or other measurable wrongdoings, wasteful dissipation often has a negative effect on the responsible party. If a person can prove in court that their ex intentionally squandered shared assets, they have a much stronger case to be awarded assets and benefits by the judge. 

In particular, judges will often leverage either spousal support or alimony payments to punish wasteful dissipation. This way, even if the assets have been spent, the responsible party still has a financial obligation to their ex to cover at least some of the value that was lost.

Warning Signs of Wasteful Dissipation

If you are involved in a divorce or feel that a divorce is likely in your future, one step you should take immediately (if you haven’t done so already) is to start paying lots of attention to any spending records you have available. By reviewing shared accounts and credit card statements, you can spot signs of wasteful dissipation at the beginning and collect potential evidence you can use in court.

Here are some signs that your partner may be trying to waste assets to spite you:

• Sudden losses from gambling or investing in risky propositions.
• Increase in spending on non-family or un-shared expenses.
• Large purchases or unexplained expenses on shared credit cards or accounts. 
• Spending that’s visibly beyond your usual standard of living.
• Transferring money from shared accounts to hidden personal ones.
• Large and/or unusual or irregular withdrawals of cash.

These are all potential warning signs of and potential evidence for proving wasteful dissipation.

Necessary First Steps if You Suspect Wasteful Dissipation

There is one essential step you must consider before all others when getting involved in a divorce case – getting trustworthy, specialized advice on your specific situation from a reliable attorney.

At the Azemika & Azemika, not only are we a family business, but we specialize exclusively in family law. We understand the high stakes, the emotional and mental pressures, and the often painful experience of dealing with painful family issues and the complications of the legal system at the same time.

You can trust us to make your best legal interests and your well-being our first priorities. Contact us today to find out how we can help.