Family Law in the News: Kate Beckinsale

People Magazine is reporting that Kate Beckinsale and Len Wiseman are separating after eleven years of marriage (http://www.people.com/article/kate-beckinsale-len-wiseman-separate).

There are many issues that could come up for Kate and Len as part of their split.

The couple has been together for approximately eleven years, making their marriage one of long duration in California. California defines a marriage of long duration as one of ten or more years. Once a marriage is one of long duration, the presumptions about spousal support change, so that the court may consider a longer duration of spousal support if it is granted.

California is a community property state, meaning that income earned is generally considered to belong to the marriage, rather than to the individual. At the time of divorce, the general rule is that all community property is split 50/50. If parties sign a pre-nuptial agreement, they may choose to waive the community property provisions of California law.

In this matter, both Kate and Len are high earners, bringing in a lot of income during their marriage. This means that there will be a lot of assets to split in their divorce unless they have a pre-nuptial agreement.

Kate does have one minor child, but custody and visitation will not be an issue since the minor child is from a previous relationship. Kate and Len do not have any children together, so they will not need to address custody, visitation, or child support as part of their divorce.

Romanovska Law does not represent Kate Beckinsale or Len Wiseman in this or any other matter. This post is written to present potential issues for any divorce and is not a representation or guarantee of any issues to be addressed in this or any other matter.

Have questions about potential or ongoing issues in your own divorce? Call Romanovska Law to set up a consultation.

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