Tracing usually becomes an issue when community and separate property funds have been commingled in the same account(s) and then an asset is purchased with funds from that account. The mere commingling of separate property moneys in a community bank account does not destroy the separate property character of the funds, so long as they…
There is indeed a missing component in the divorce process. Although not always required, it is a service that can actually increase clients’ level of satisfaction with their Family Law attorney. To have a clear picture of one’s own financial outlook five, 10 or even 20 years down the road can serve as a blessing…
The fiduciary duty of each party involved in the dissolution of a marriage requires full disclosure of documents and information that are pertinent to their case without being requested. This obligation includes the distinct nature and valuation of all assets and debts in which the community has or could have an interest or for which…
Many people hear the term “fiduciary duty” and think it only applies to business relationships. In fact, divorcing spouses owe a fiduciary duty to each other. This means they must deal with each other fairly in the division of their assets, even when the assets include cryptocurrency. The Meaning of “Fiduciary Duty” in a Divorce…
Presented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Background Francis Desouza appealed a post-judgment order that found he breached his fiduciary duty to his former wife Erica. The trial court ordered Francis to transfer Bitcoins and other cryptocurrencies to Erica pursuant to the parties’ judgment of dissolution and to pay Erica’s attorney’s fees…
Presented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Yes, California is a no-fault state. However, no fault relates only to grounds for the termination of a marriage. Financial fault, on the other hand, has no limits. It can lie in the past, present or future. In fact, it seems that as time passes…
Background During the divorce process of Fred and Vivian Andersen, Ron Anfuso advised Vivian’s attorney it would be in her best interest to receive counseling from Evan Miller, a Certified Financial Planner® (CFP), who is also a Certified Divorce Financial Analyst® (CDFA®). Evan and his associate Kathy Costas, CDFA®, specialize in helping coordinate the financial…