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Author Archives: Jay Butchko

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Will My Prenuptial Agreement Be Enforced in My Divorce?

By Foster Hsu, LLP |

Many married couples in the San Jose area have prenuptial agreements, also known as premarital agreements, that they entered into prior to their marriage. Premarital agreements are quite common, and they allow parties who will be getting married to reach agreements about issues, such as the division of assets or debts, or spousal support… Read More »

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How Are Pensions Divided in a California Divorce?

By Foster Hsu, LLP |

Whether you have been married for only a few years or for many decades before a divorce, you and your spouse have likely contributed to your respective retirement savings during your marriage. Given that most property acquired during the marriage will be classified as community property and subject to distribution, you should anticipate that,… Read More »

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When Does Child Support End in California?

By Foster Hsu, LLP |

Contrary to what many think, child support in California doesn’t just automatically end when your kid turns 18. At Foster Hsu, LLP, we break down the practical truth behind California’s child support timeline. Our San Jose child support lawyers have helped countless San Jose and Bay Area families navigate child support transitions. What California… Read More »

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When Is Spousal Support Denied in California?

By Foster Hsu, LLP |

Let’s begin with a fact too few people know: spousal support in California isn’t guaranteed. Judges weigh dozens of factors in every case when setting long-term spousal support. Sometimes support is denied outright, other times support is limited because the spouse requesting support either doesn’t need it or the payor simply can’t afford it…. Read More »

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Can Your Ex Retire To Avoid Paying Spousal Support?

By Foster Hsu, LLP |

Spousal support, or alimony, is often one of the most contentious aspects of a divorce settlement. If you are receiving spousal support, you may worry about what happens if your ex-spouse decides to retire. Can they simply stop working to avoid making payments? In California, the answer is not so straightforward. While retirement can… Read More »

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Key Factors the Court Considers in a Spousal Support Battle

By Foster Hsu, LLP |

When couples go through a divorce, one of the most contested issues is often spousal support, also known as alimony. In California, courts must evaluate a number of factors to determine whether one spouse should receive ongoing financial support and for how long that support should be paid. At Foster Hsu, LLP in San… Read More »

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Do Prenups Cover Digital Assets?

By Foster Hsu, LLP |

As digital assets continue to grow in value and importance, more couples are asking whether prenuptial agreements (prenups) can cover online businesses, cryptocurrency, domain names, and other digital properties. In today’s digital age, assets are no longer just physical or financial. They include social media accounts, online businesses, NFTs, and even intellectual property like… Read More »

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Tech-Based Domestic Violence: How Stalking and Harassment Can Happen Online

By Foster Hsu, LLP |

Domestic violence is no longer confined to physical abuse or in-person intimidation. In today’s digital world, technology has become a powerful tool for abusers to stalk, harass, and control their victims. From spyware apps to social media manipulation, tech-based domestic violence is a growing concern that can have devastating emotional and legal consequences. At… Read More »

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Can You Keep the Family Home After a Divorce in California?

By Foster Hsu, LLP |

Divorce is a challenging process, and one of the most emotionally charged issues is deciding what happens to the family home. For many couples in California, the family residence represents financial stability and emotional security. Under California law, property division follows strict guidelines, making it essential to consult Foster Hsu, LLP to understand your… Read More »

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Prenups for Second Marriages: Protecting Your Kids and Assets

By Foster Hsu, LLP |

Second marriages often bring a fresh start and renewed hope for happiness. However, they also introduce unique financial and legal complexities, especially when children from a previous marriage are involved. A well-drafted prenuptial agreement (prenup) with Foster Hsu, LLP can help protect your assets, provide for your children, and set clear financial expectations between… Read More »

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