Law Offices of Steven A. Dinneen P.C.Law Offices of Steven A. Dinneen P.C.2026-05-21T14:22:50Zhttps://www.dinneenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404471/2019/12/cropped-fav-icon-32x32.jpgOn Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[How California divorces may divide RSUs?]]>https://www.dinneenlaw.com/?p=518942026-05-21T14:22:50Z2026-05-21T14:21:22Z law generally treats assets earned during a marriage as community property. This rule often applies to restricted stock units (RSUs), connected to employment. RSUs are shares that employers may offer as part of a compensation package, often with conditions that require an employee to remain with the company for a certain period before the shares fully vest.
When courts review these assets, the timing of the stock grant may matter just as much as the vesting schedule.
Why may RSUs count as marital property?
Some RSUs reward work completed during the marriage. Others encourage continued employment after separation. As a result, courts often examine the employer’s purpose for granting the award.Several factors may influence how courts classify RSUs, including:
The date the employer granted the RSUs
The vesting schedule tied to the shares
The date you and your spouse separated
The purpose of the award under the employment agreement
Many stock awards vest over several years, so part of the RSUs may qualify as marital property while another portion may remain separate property.
How courts may divide unvested RSUs?
Unvested RSUs can create additional challenges because the employee spouse does not yet fully own the shares. To address this issue, California courts often apply time based formulas to determine what percentage of the stock may qualify as community property.These formulas often compare:
The amount of time worked during the marriage
The amount of time worked after separation
The total vesting period required by the employer
This calculation may help determine the portion of the asset that belongs to each spouse. In some cases, courts may delay distribution until the shares officially vest. Courts often rely on established family law formulas when stock awards overlap both the marriage and the post separation employment period.
Why valuation and taxes may matter?
The value of RSUs can change over time as stock prices rise or fall. In addition, taxes may reduce the final amount you receive after the shares vest. Because of these factors, accurate valuation may play an important role during property division discussions.To better understand the value of the stock awards, you may need to review employment contracts, executive compensation plans and vesting schedules. These records may help clarify how the RSUs fit into the larger marital estate and how courts could approach the division process..
Understanding the final division process
Dividing RSUs in a California divorce rarely follows a simple 50/50 split. The grant date, vesting timeline and purpose behind the award may all influence the outcome. A careful review of your financial records may help you better understand how California courts could treat these assets during divorce proceedings.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[5 signs that a family’s custody order is not working well]]>https://www.dinneenlaw.com/?p=518922026-05-18T18:00:02Z2026-05-18T18:00:02Z1. Emotional withdrawal
Children stressed by their family situations sometimes close themselves off from their parents, siblings or friends. They may spend more time on their phone or in their rooms. Especially when social withdrawal occurs specifically while they are with one parent or immediately after custody exchanges, parents may need to revisit their schedule.
2. Declining grades
A noticeable drop in academic performance is an early warning sign of a negative change in a young adult’s mental health. When children struggle at school or stop participating in preferred activities, such as sports or theater, those changes may be due to intense negative responses to stressful situations.
3. Consistent scheduling complications
Stability and predictability are key for a child's ability to adapt to new situations and to get to sleep on time. If parents have to constantly adjust the household schedule, that lack of stability can be harmful for the children and their rest.
4. Regular parental conflicts
Parents may find themselves arguing whenever they need to adjust the custody schedule or communicate about the children with one another. When shared custody triggers repeated conflicts, the disputes between parents can prove highly damaging for the children and the family.
5. Children returning dirty or injured
In some cases, one parent truly cannot meet the needs of the children effectively. They might even become abusive or aggressive towards them. If a parent doesn't consistently meet the needs of children while they are in their care, reducing their overnight time with the children may be beneficial.
Parents in California can modify custody by reaching new terms together and submitting paperwork together to request an update of their existing order. Both parents have the right to petition the courts to review and update the custody order. They must explain to the courts why the proposed changes are in the best interests of the children when there is a dispute about a modification.
Going back to court to pursue a custody modification can reduce parental stress and conflicts. It can also affect the emotional stability and development of the children. Parents who share custody may need to take action to ensure their custody orders continue to meet their children's needs.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[Unique considerations for high-net-worth child custody cases]]>https://www.dinneenlaw.com/?p=518902026-05-12T13:04:06Z2026-05-12T13:04:06ZCreating a parenting plan is a challenge for any parents who are splitting up; however, the challenges often increase when the parents have a high net worth. These divorces usually have issues that go beyond just a standard parenting schedule.
The core question in these cases is still what’s in the child’s best interest. This may involve more details that are harder to unwind.
Lifestyle choices affect custody planning
In high-net-worth cases, issues related to private schools, tutors, household staff and international travel may need to be addressed. Security concerns and intense work schedules may also be factors. As parents go over all these matters, they should focus on providing stability, safety and love for the children. School is often a major source of stability and support for children. Private schooling is common for children who have parents with a high net worth. This can become a source of contention if the parents can’t agree about tuition, transportation or the school the children will attend. Another issue that’s often present in these divorces is household staff, including the child’s nanny. Determining how to handle the nanny can be challenging, so talking with the nanny is critical. In some cases, the nanny may go back and forth between homes with the children. The parents have to determine who will pay for the nanny and how things like time off and other contractual obligations will be handled.
Financial aspects of high-net-worth child custody
High-net-worth child custody often comes with considerable financial considerations. Child support, extracurricular activities, insurance, school fees and other expenses will all need to be covered. These should be covered in a written order so there’s no disagreement about who has to pay what expenses. Outlining a parenting plan can be challenging in these cases because of the specific factors that must be covered. Working with someone who’s familiar with these matters may be beneficial since they can assist you with determining how to set everything up so the agreements are clear and legally enforceable.
]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[How can you protect your business in a California divorce?]]>https://www.dinneenlaw.com/?p=518872026-05-06T12:38:54Z2026-05-06T12:32:28Z a marriage ends in California, business ownership often becomes a central part of the property division process. California follows community property rules, so the timing of when you acquired assets and how they grew during the marriage often plays an important role in how the court divides them.
What is the community property presumption?
California law sets a baseline for dividing property. Under California Family Code, the law generally treats assets acquired during marriage as community property. In simple terms, a business started or expanded during marriage may give a spouse a possible claim to part of its value.Courts often review the full history of the business. This review may include when the business started, how it operated day to day and how each spouse contributed to its success or stability.
How do courts divide business value?
A business that existed before marriage does not always remain fully separate. Courts often look at how much the value changed during the marriage and what caused that change.Courts often rely on methods that sort business growth into clear categories. The focus often centers on two main factors:
Growth tied to personal effort, such as management decisions or daily work
Growth tied to outside factors, such as market trends or added capital
These factors may lead parties to treat different parts of the same business in different ways during property discussions.
Why does the date of separation matter?
The date of separation often plays an important role in property division. Under California law, income earned after separation usually counts as separate property.Clear records of the separation date may help reduce confusion about which earnings belong to the marriage and which belong to one spouse. Accurate financial records around that time can also support clearer lines around business income.
How can you separate personal and business finances?
Strong financial habits may help reduce questions about ownership or value. Early planning can also make it easier to show how the business operated during the marriage.
Maintain separate accounts for business and personal funds to help avoid mixing money
Keep steady financial records that track income, expenses and growth over time
Use written agreements, such as prenuptial or postnuptial arrangements, to outline ownership terms
These steps may help clarify what belongs to the business and what may fall within marital property.
Final considerations
A California high net worth divorce often requires balancing business stability with property division rules. Each situation tends to depend on its own facts, especially financial records that show ownership history, contributions and timing of growth.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[Common warning signs of hidden assets during a divorce]]>https://www.dinneenlaw.com/?p=518852026-05-02T23:47:21Z2026-05-02T23:47:21ZRed flags for hidden assets
A lack of financial transparency is one of the most common indicators of attempts to hide assets or divert income. Other times, one spouse might notice substantial transfers from joint accounts with no reasonable explanation.
Lifestyle inconsistencies can also be indicative of attempts to hide assets. One spouse might suddenly drastically reduce their spending on routine household expenses, such as groceries, while income levels and recurring bills remain roughly the same. They may have begun diverting capital to a hidden account or establishing a secret stash of cash by making withdrawals when shopping with their debit card.
Unusual business activity, such as deferring payment from clients or transferring ownership of company resources, can also be warning signs of attempts to hide assets.
How do spouses hide assets?
In some cases, hiding assets involves intercepting income to fund a hidden bank account. Some people go so far as to acquire cryptocurrency and other digital assets that are difficult to track as a means of obfuscating the full extent of the marital estate.
Physically removing assets from the marital home or a business that is technically marital property can be a way to hide resources. Intentionally undervaluing assets, sometimes by tens of thousands of dollars or more, is another way to manipulate the outcome of the property division process.
Those who believe their spouse has engaged in attempts to hide assets or may be likely to, given their personality and previous behavior, may need assistance in the early stages of divorce. They can work with an attorney to conduct a forensic review of household financial records and economic disclosures. They can work with outside professionals to value resources such as business holdings, real estate and collections.
In scenarios where there are suspicions of attempts at financial manipulation, settling outside of court or in mediation can be risky. Litigated property division proceedings often protect spouses through formal financial discovery rules.
Discussing concerns about hidden assets with a divorce attorney can help people identify red flags and locate hidden marital income or property. A thorough financial review can protect people from misconduct that might otherwise deprive them of their fair share of the marital estate in a high-asset divorce.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[How to avoid capital gains tax when selling a home in California]]>https://www.dinneenlaw.com/?p=518702026-03-13T13:27:58Z2026-03-13T13:27:58ZThe home must be your principal residence
The rule applies only when you sell the home that served as your main place of living, or your principal residence. It is the property you actually live in most of the time, rather than a home held mainly as a rental or investment. If the property was mainly used to generate rental income or held for investment purposes, the exclusion generally does not apply.
You must have owned and lived in the home long enough
The law also looks at how long you owned and lived in the property before selling it. In most situations, you must have owned the home for at least two years and used it as your principal residence for at least two years during the five years before the sale. The time you owned the home and the time you lived in it do not have to overlap, but both must fall within that five-year period.
Only part of the gain can be excluded
The exclusion protects gains only up to certain limits. If you file taxes as a single homeowner, you can generally exclude up to $250,000 of profit from the sale. Married couples filing jointly may exclude up to $500,000. If the gain from the sale exceeds those amounts, the portion above the limit may still be subject to capital gains tax.
You can lose the exclusion in certain situations
The exclusion is not available in every home sale. For example, you generally cannot use the rule if you already claimed the home sale exclusion on another property within the previous two years. In addition, if the profit from the sale goes beyond the exclusion limits, the remaining gain may still be taxable even though part of the sale qualifies for the exclusion.
Before you sell
If you expect a large gain, it helps to review the rules before listing the property. Small details about how long you lived in the home or how the property was used can affect whether the exclusion applies. Taking a closer look at your situation before the sale can help you avoid unexpected tax consequences later.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[Tax issues that complicate divorce in California]]>https://www.dinneenlaw.com/?p=518682026-03-10T11:37:00Z2026-03-10T11:37:00ZCapital gains & property
If you and your spouse own assets that have increased in value, the person who keeps the asset may later face tax obligations when selling it.
For example, imagine you keep a house purchased for $500,000 that is now worth $1.2 million. If you sell the property later, the gain may trigger capital gains taxes based on that increase in value. Two assets that look equal during division may carry very different tax consequences later.
Spousal support (Alimony)
Under current federal law, you generally cannot deduct alimony payments, and the person receiving support usually does not report the payments as taxable income. Because of that change, support negotiations often focus on the actual cash flow between spouses rather than tax deductions.
Retirement accounts & QDROs
Dividing retirement accounts usually requires a Qualified Domestic Relations Order, commonly called a QDRO. This order allows retirement funds to transfer between spouses without triggering early withdrawal taxes or penalties.
Without a properly structured QDRO, withdrawing money from a retirement account during divorce could create unnecessary taxes and penalties.
Stock options and RSUs
Stock options and restricted stock units can complicate divorce because their value often depends on vesting schedules and future employment. Some shares may not vest until after the divorce, which can raise questions about how much belongs to each spouse.
Taxes may also apply when the shares vest or when you sell them, which makes timing an important factor when dividing these assets.
Protect your financial interests
Tax consequences can change the real value of the assets you receive in a divorce. If your case involves real estate, retirement funds or equity compensation, an attorney can help you review how these tax issues may affect your financial outcome. Clear guidance can help you make informed decisions while you move through the divorce process.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[Protecting your investment portfolio during divorce]]>https://www.dinneenlaw.com/?p=518652026-03-04T15:32:59Z2026-03-04T15:32:59ZTangling up marital and separate assets
Generally, California law considers investments you bring into your marriage as separate property. But your actions during the marriage can potentially convert them to community property.
One example of this is adding your spouse to investment accounts. Another is using marital earnings to grow pre-marital investments.
If your investment falls under marital property, your options to divide the assets include:
Buying out your spouse’s share
Offsetting the value of the investment with another marital asset
Selling the investment and splitting the proceeds
Determining the value of your investment before dividing it up is a different challenge entirely.
Stock options count while not yet exercisable
Stock options let you buy company stock at a set price in the future. In California, options earned during marriage belong to both spouses, even if you can't use them yet.
Basically, courts look at when you received the options, not when you can actually use them. They will use a formula to figure out how much belongs to the marriage and how much might be your separate property.
Additionally, you'll eventually pay taxes when you use these options, which affects their true value.
RSUs may depend on the vesting period
Restricted Stock Units (RSUs) are promises from your company to give you actual stock after a vesting period or a certain amount of time working. RSUs credited and vested while married count as marital property.
For RSUs that you received before the wedding but vested during marriage, the courts generally use a time-based formula to get the percentage of the investment that counts as marital property.
Retirement accounts may need special handling
Your 401(k), pension and other retirement savings may need special court orders to split up.
Courts use QDROs or Qualified Domestic Relations Orders for 401(k) and similar accounts. This way, you won’t trigger any tax penalties. Individual retirement accounts are simpler in comparison and only need a “transfer incident to divorce”
Startup equity creates valuation headaches
Stock in private startups might be similar to stock options but are a little harder to divide. After all, unlike public companies, private company stock has no clear market price.
Different types of shares, future funding events and vesting rules all affect the value. You might need experts to estimate what your startup equity is actually worth.
Additionally, the company might even restrict whether you can transfer shares during divorce, creating extra complications.
Protecting your financial future during divorce
Working with experienced professionals helps ensure fair division of complex assets during divorce. Lawyers who understand investments, stock compensation and California property law may help spot problems before they happen.
Taking time to properly handle investment division creates better financial stability for both parties after the split.]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[The role of prenuptial agreements in high-net-worth marriages]]>https://www.dinneenlaw.com/?p=518402026-01-16T04:08:29Z2026-01-16T04:08:29ZIn high-net-worth marriages, business interests, investment portfolios, real estate holdings and family wealth can all impact the relationships between spouses. And, understandably, if a marriage ends, these challenges can impact the ways in which the divorce process plays out – and ultimately resolves.
Prenuptial agreements often help to manage these risks by setting clear expectations and protecting assets before marriage begins. Having clear expectations in place can help to build stronger marriages. Making this effort proactively can also help to streamline a fair divorce process if a marriage does not work out.
The basics of marital agreements and their uses
High-net-worth individuals often enter marriage with substantial separate property, such as businesses, inherited wealth and/or pre-marital investments. A well-drafted prenup can clearly define what remains separate property and how future appreciation, income or reinvestment will be treated. This clarity can prevent disputes and expensive litigation if the marriage dissolves.Prenups can also help to address business continuity. For entrepreneurs and executives, divorce can threaten control of a company or otherwise disrupt operations. A prenuptial agreement can specify how ownership interests will be handled, limit claims against a business and better ensure proper coordination with operating or shareholder agreements. It is additionally worth noting that in California, spouses generally have rights to spousal support, but a prenup can define or waive support within legal limits. For high-net-worth couples, this allows for more predictable outcomes and can reduce the risk of prolonged disputes over lifestyle, earning capacity and standard of living.Prenuptial agreements can also protect family wealth and legacy planning. Families may want to ensure that certain assets remain within bloodlines or are preserved for children from prior relationships. A prenup can work alongside estate plans and trusts to support these goals, particularly in blended family situations.For a prenuptial agreement to be enforceable in California, specific legal requirements must be met. Both parties must fully disclose assets and liabilities, and the agreement must be entered into voluntarily. Each party must have independent legal counsel or explicitly waive that right in writing. The agreement must be fair at the time of execution, and it cannot be unconscionable at the time of enforcement. The agreement must be signed well before the wedding, allowing adequate time for review without pressure.Prenuptial agreements are not about anticipating divorce. They are about transparency, planning and a reflection of mutual understanding. In high-net-worth marriages, they can reduce conflict, protect complex assets and provide greater peace of mind. Working with an experienced legal team can help to better ensure that a particular prenup is tailored to a couple’s financial realities and drafted to meet strict enforcement standards, safeguarding both the relationship at issue and the long-term interests of each spouse. ]]>On Behalf of Law Offices of Steven A. Dinneen P.C.<![CDATA[High-asset divorces: How mediation and collaborative law can help]]>https://www.dinneenlaw.com/?p=518372026-01-11T12:33:08Z2026-01-11T12:33:08ZWhat are collaborative law and mediation?
Collaborative law, also known as collaborative divorce, requires a commitment to work with one another instead of litigating. Spouses sign an agreement promising to settle all of their disagreements outside of court.
Mediation is a form of alternative dispute resolution where people sit down with a neutral third party to work through the agreements and find a mutually-agreeable solution. Both collaborative divorce and mediation occur outside of the court system, which can make them particularly beneficial for couples facing a high-asset divorce.
The benefits of collaborative divorce
Spouses who agree to settle their disagreements outside of court, possibly by attending mediation with one another, can derive numerous benefits. First and foremost, they protect their privacy. In a litigated divorce, disclosures about financial matters and accusations of misconduct typically become public record. Anyone who attends court hearings or requests transcripts from the courts may learn very private information about the spouses.
Collaborative divorce occurs outside of the legal system, allowing spouses to discuss things confidentially. Mediation sessions, in particular, have statutory protection that makes the records of the session confidential. Only the final agreement becomes part of the court proceedings and therefore public record.
Collaborative law and mediation are also beneficial because they give spouses more control over the process. They do not need to let a judge decide what should happen with their property or how to share custody of their children. Provided that they both agree to compromise in some areas, each spouse can potentially secure the terms that matter most to them.
While high-asset couples may have resources that they can use to pay for divorce, the decision to collaborate with one another instead of litigating can help them control the overall expense of the divorce process. Even though they may need to pay for outside services, reducing the amount of time spent in court can limit the total costs of the divorce.
Particularly when spouses worry about their privacy or must maintain an amicable relationship due to shared children or joint business ventures, collaborative divorce and mediation can be an excellent alternative to traditional divorce litigation. Discussing options with a licensed divorce attorney can help spouses to choose the best path forward as they prepare for a high-asset divorce.]]>