Law Offices of Lei, APC FindLaw IM Template2026-10-12T11:01:00Zhttps://www.bllaws.com/feed/atom/WordPress/wp-content/uploads/sites/1103696/2024/03/cropped-site-icon-Lei-32x32.jpgOn Behalf of Law Offices of Lei, APC<![CDATA[Divorce: Is maintaining one’s marital standard of living a right?]]>https://www.bllaws.com/?p=481422026-10-07T15:20:18Z2026-10-07T15:20:18ZHow is this standard of living determined?
The marital standard of living generally is determined by things like:
Homes and other properties
Vehicles and other valuable assets
Vacations and other travel
Charitable contributions
Memberships in clubs and other social organizations
Under California law, judges can consider the marital standard of living when ordering one spouse to pay alimony to the other and the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.” That means they can order the higher-earning spouse to pay the alimony necessary to help their ex maintain that standard as long as it doesn’t prevent them from doing the same.
diminishing their own standard of living as a result.
What factors do judges consider in determining alimony?
In addition to the lesser-earning spouse’s earning potential, judges typically look at the duration of the marriage, how much the lesser-earning spouse contributed to their husband’s or wife’s success and what contributions they made to the home and family.
Whichever side of the alimony equation a divorcing spouse is on, it’s crucial for them to understand the law and to present the strongest possible case for the outcome they’re seeking. Getting experienced legal guidance early in the divorce process can make all the difference.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Streamlining sperm donation approvals through clearance letters]]>https://www.bllaws.com/?p=481332026-09-24T16:49:35Z2026-09-28T16:27:17ZEssential entities requiring clearance letters
Before a medical facility or agency releases donor gametes, independent legal counsel must issue formal documentation to confirm that the parties signed a binding sperm donation agreement. While the intended parents' attorney typically issues this document to clinics and agencies, it certifies that all participants have received independent legal representation. This legal step can clear administrative hurdles and protect the status of the family.
The following organizations require official legal clearance letters prior to medical care:
IVF clinics and reproductive endocrinologists: Fertility clinics require written clearance confirming that the intended parents and the sperm donor executed an agreement under governing state statutes. Doctors will not initiate medical cycles, sperm processing or insemination until their legal department receives this document.
Cryobanks and sperm repositories: Tissue banks demand verified legal clearance prior to releasing stored genetic material or transferring samples across state lines. This paperwork proves the sperm donor relinquished parental rights and that the facility bears no liability regarding custody claims.
Matching agencies and escrow managers: Third-party agencies and escrow holders rely on clearance letters to release contracted funds, sperm donor reimbursements and administrative clearances. Issuing these notices can ensure that agency protocols align with governing family law statutes.
These communications bridge the gap between ART law and routine medical care. By issuing clearance letters promptly, attorneys aim to prevent treatment delays and protect every participant throughout the family-building journey.
Advocating for your rights throughout the sperm donation process
Establishing a solid legal groundwork for sperm donation can shield intended parents, sperm donors and medical providers during third-party reproduction. By seeking legal advice, you may gain support for ensuring that clearance letters are issued without costly delays. In addition, having legal guidance may help you advocate for your rights and interests throughout the process.]]>On Behalf of Law Offices of Lei, APC<![CDATA[What if your prenup no longer meets your needs?]]>https://www.bllaws.com/?p=481302026-09-23T01:34:30Z2026-09-23T01:34:30ZIf you and your spouse put a prenuptial agreement in place before you married as young adults, it may no longer meet one or both of your needs if you’re more than a decade (or multiple decades) into your marriage. That doesn’t mean, however, that it can’t be used to set the terms of a divorce.
Unless you included a sunset provision that causes the prenup to expire at a specified time (like on your tenth anniversary), a court could still consider it valid. But would it leave you with a fair settlement given the changes that have occurred in your lives throughout the years? That might warrant a court battle you don’t have the time, money or energy to pursue.You don’t have to be stuck with an outdated prenup. You can replace it with a postnuptial agreement. While some people think couples only get a postnup as preparation for an imminent divorce, it can be a valuable way to reset your expectations, clarify what each of you has brought to the marriage and avoid being bound by California’s community property law.
When is it wise to “trade in” your prenup for a postnup?
It’s a good idea to review your prenup and consider replacing it with a postnup if any of the following apply and are not addressed in the prenup:
One spouse is making considerably more money than the other.
One or both spouses have started their own business or professional practice.
One or both spouses have received a considerable inheritance.
One spouse has become a stay-at-home parent or family caregiver or has become chronically ill or disabled.
One spouse has accumulated considerable debt on their own.
One spouse has paid off the other’s individual debts.
One spouse sacrificed their own education or career goals to help the other become successful.
One or both spouses have specific assets they want to keep in a divorce.
Like a prenup, a postnup can address property division and spousal support. It is not meant to address child custody or support, as those are intended to be decided or approved by a judge based on the child’s best interests. When putting a postnup in place, as with a prenup, it’s crucial for you and your spouse to each have your own legal representative to protect your rights and your future.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Setting social media boundaries in surrogacy agreements]]>https://www.bllaws.com/?p=481262026-09-07T12:40:45Z2026-09-07T12:40:45ZGetting on the same page about sharing information online
One of these is what information, if any, can be posted on social media about the arrangement and impending birth. All parties need to be on the same page about this from the beginning.
Some people like to share all aspects of their life on sites like Instagram, Threads, Facebook or their own personal blogs and websites. Others prefer to keep their lives off the internet.
When a child comes into the world through surrogacy, the way the journey is shared on social media (if at all) needs to be addressed. The intended parents may want to share milestones or even small details, while the surrogate may not – or vice versa. All parties have a right to protect their (and the child’s) privacy.
That’s why it’s advisable to include a provision in the surrogacy agreement regarding social media and what information, if any, can be posted online. Even if all parties agree not to post about the surrogacy arrangement, people can change their mind as things progress. A carefully crafted social media provision can help prevent unwanted surprises.
What details should be addressed?
Among the details a social media provision in a surrogacy agreement can address include the following:
What information (if any) can be shared about the pregnancy
Whether any names or photos of the other parties can be posted
What action needs to be taken if others (family or friends) post about the surrogacy arrangement
Parties sometimes agree that milestones (like an ultrasound, baby shower and the newborn themselves) can be shared, but without naming the other parties or giving specifics that would identify them.
Most parents who use social media share at least some photos of their children from the time they’re born until well into adulthood. However, a surrogacy arrangement is one that often requires sensitivity and privacy. With experienced legal guidance, the parties to such an agreement can work to protect their, each other’s and an affected child’s privacy.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Common prenuptial agreement errors to avoid]]>https://www.bllaws.com/?p=481242026-09-03T14:21:27Z2026-09-03T14:21:27ZPrenuptial agreements can cover a variety of topics, such as how property, debts and income will be handled during the marriage and if it ends. Because a prenup can significantly alter a person’s future, it’s critical that it’s handled properly. Avoiding these common errors is critical.
Error 1: Failing to provide a comprehensive financial picture
In order to make an informed decision about a prenuptial agreement, both parties must have a complete accounting of their finances. This means that both parties have to be completely honest and provide a comprehensive look at their finances.
Error 2: Presenting the prenup at the last minute
Both parties need time to review the document and determine if signing it is in their best interests. Doing this will likely require assistance from an attorney, so it’s never a good idea to present the prenup right before the wedding.
Error 3: Including terms that can’t be upheld
While there are a lot of terms and conditions that can be included in a prenuptial agreement, there are some that shouldn’t ever be addressed within the text of such contracts. This includes terms that overly favor one party or those that have to do with child support and custody.
Ultimately, a prenuptial agreement should protect both parties. Working with a legal professional who is familiar with these matters can be beneficial since they can help to ensure that this document can be legally upheld if necessary.]]>On Behalf of Law Offices of Lei, APC<![CDATA[3 things to know before dividing property during divorce in California]]>https://www.bllaws.com/?p=481222026-08-24T19:51:44Z2026-08-24T19:51:44Z property during a divorce can be one of the most challenging aspects of ending a marriage. Whether you are just considering divorce or already in the midst of proceedings, knowing what to expect can help you protect your interests and avoid costly mistakes.
California is a community property state
Unlike most states that use equitable distribution, California operates under community property laws. This means that the courts consider nearly all assets and debts acquired during the marriage equally owned by both spouses, regardless of whose name appears on the title or who earned the income. Understanding this fundamental principle is critical because it affects everything from your family home to retirement accounts and even business interests.The court will generally divide community property 50/50, but determining what qualifies as community property versus separate property requires careful analysis. Separate property generally includes assets owned before marriage, inheritances and gifts received by one spouse individually. However, separate property can become community property through commingling, such as depositing inheritance money into a joint bank account.
Timing matters more than you think
The date you separate from your spouse has significant legal implications for property division. In California, the date of separation marks when community property accumulation stops and separate property begins again. This date can affect:
The valuation of assets such as businesses, real estate and investment accounts
Which debts are considered community obligations versus individual responsibility
Your entitlement to a portion of your spouse's retirement benefits or stock options
Establishing the date of separation is not always straightforward. California courts consider both physical separation and the intent to end the marriage. Couples who continue living together while separated may face additional scrutiny in proving when their marriage effectively ended.
Not all assets are easy to divide
Some assets present unique challenges during property division. Retirement accounts, stock options, businesses and professional practices require special handling and often need expert valuation. Dividing these assets without proper guidance can result in unexpected tax consequences or penalties that reduce their value.Complex assets often require qualified domestic relations orders (QDROs) for retirement accounts or business appraisals conducted by certified professionals. Attempting to divide these assets without appropriate expertise can be a costly error.
Clarity as you move forward
Property division in California divorce cases requires careful planning and an understanding of state law. By recognizing that California is a community property state, understanding how timing affects your rights and acknowledging the complexity of certain assets, you can approach property division with greater confidence and make informed decisions about your financial future.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Can intended parents contact an egg donor about a child’s health?]]>https://www.bllaws.com/?p=481172026-08-09T00:11:29Z2026-08-09T00:11:29Zegg donation arrangement, including whether the donor was known or unidentified and what the parties agreed to before the donation occurred. Medical necessity may provide a strong reason to seek information, but it does not automatically erase privacy boundaries established between the parties.
An egg donation agreement may determine how contact occurs
A properly prepared egg donation agreement can address more than compensation and parental rights. It may establish whether future communication is permitted and how requests for updated medical information should be handled.
For example, an agreement might require communication to go through the fertility clinic, egg donation agency or another designated intermediary rather than allowing parents to contact the donor directly.
This difference becomes important when a child develops a condition that may have a hereditary component. The parents may want information about newly diagnosed illnesses within the donor’s biological family, changes in the donor’s health or genetic conditions that were unknown when the initial screening occurred.
Therefore, parents should review the agreement before attempting direct contact. Circumventing an agreed communication process could create unnecessary privacy and contractual concerns.
For parents facing a child’s medical diagnosis, reviewing an existing donation agreement can help clarify the appropriate next steps. A legal professional familiar with assisted reproduction agreements can examine the contract and explain the available options. If communication with the donor is appropriate, it can then occur in a manner that respects a child’s medical needs and the boundaries established during the donation process.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Addressing alcohol in a surrogacy contract]]>https://www.bllaws.com/?p=481152026-08-01T12:53:15Z2026-08-01T12:53:15Zalcohol consumption. Surrogacy contracts play an important role in guiding the conduct of a surrogate and establishing reasonable expectations for how she behaves while preparing for medical procedures and during a pregnancy.
Contracts often forbid alcohol.
It is normal for surrogacy contracts to impose a total prohibition on alcohol and recreational drug consumption. In some cases, medical recommendations may even include reducing the dosage of prescription medication or changing the medications the surrogate takes.
The possibility of a surrogate struggling with lifestyle changes during pregnancy is one reason why selecting a professional surrogate screened by an outside service may be safer than working with a friend or family member in a surrogacy situation. Most surrogacy contracts require absolute abstention from alcohol and any other medications not deemed necessary during pregnancy.
In cases where surrogates violate this prohibition, they may face penalties. The consequences alone can be enough to deter many people from choosing to drink. Aspiring parents may need to speak with multiple candidates before they meet someone they feel they can trust.
Understanding legal options is easier when there is a professional available to explain the contractual and statutory rules that govern surrogacy arrangements. An attorney can help prospective parents evaluate agreements and work to better ensure their protection when expanding their families through surrogacy.]]>On Behalf of Law Offices of Lei, APC<![CDATA[4 valuable protections a California prenup can provide]]>https://www.bllaws.com/?p=481112026-07-08T09:11:50Z2026-07-23T08:00:54ZMarriage is both a personal commitment and a legal partnership. Most couples focus on planning a wedding and building a future together. It is also important to discuss how they will handle financial matters if life takes an unexpected turn. These conversations may feel uncomfortable at first. But, they often strengthen a relationship by encouraging honesty and shared expectations.
Here are four valuable protections a well-drafted prenup can provide.
1. Keep premarital assets in the right hands
Couples may enter marriage with property they want to keep separate. This may include a home, investment account, family heirloom or business they owned before the relationship. Without a clear agreement, couples may disagree about whether those assets or their growth became shared property during the marriage. A prenup can identify separate property from the start. It can also explain how future appreciation or income tied to those assets should be treated.
2. Shield the business you've worked hard to build
Business owners face specific financial concerns when they marry. If the marriage ends, disputes may develop over the company's value, ownership or whether part of it became marital property. For example, someone who launches a company before marriage may want to avoid future ownership disputes. A prenup can state that the business remains separate while addressing future growth and each spouse's financial contributions.
3. Set clear boundaries around debt and finances
Marriage involves shared financial decisions, but it does not erase debts that existed before the wedding. A prenup can explain who remains responsible for certain debts. It can also outline how future financial obligations will be handled.For instance, one spouse may enter the marriage with significant student loans while the other has substantial savings. A clear agreement can reduce confusion and help both spouses understand their financial responsibilities.
4. Preserve family wealth and future inheritances
Some people expect to inherit money or family property in the future. Others want to preserve assets for children from a previous relationship.A prenup can support those goals by identifying property that should remain within a family. It can also reduce the risk of future disputes. Estate planning documents still play an important role, but a prenup can reinforce those plans by clarifying each spouse's expectations.A thoughtful prenup is less about expecting problems and more about creating a shared understanding while both spouses plan for the future together.
Strengthen your financial future together
The strongest prenuptial agreements begin with honest conversations, not conflict. Discussing finances before marriage can help couples align their expectations and avoid unnecessary misunderstandings later. Since California law has specific rules for enforceable prenups, an experienced family law attorney can help draft an agreement that protects your interests while supporting your shared future.
]]>On Behalf of Law Offices of Lei, APC<![CDATA[How the Supreme Court ruling affects birthright citizenship]]>https://www.bllaws.com/?p=481132026-07-15T00:19:42Z2026-07-15T00:19:42ZThe Constitution authorizes birthright citizenship
The 14th Amendment to the Constitution, initially ratified by Congress in 1868, validates the right of those born in the United States to be automatic citizens, regardless of how their parents may have entered the country. Birthright citizenship has given rise to many complications in recent years, especially during attempts to remove and deport those in the country without documentation.
The Supreme Court’s birthright citizenship ruling affirms that the Constitution very clearly upholds the idea of birthright citizenship and protects those born in the United States by guaranteeing their right to stay in the country. Parents concerned about their children’s status can feel a little more confident about their future.
Immigrant parents, especially undocumented parents, may require legal guidance as they seek to protect not only themselves but also their children. Working with an attorney who is up to date on the law and court rulings can help parents understand and make use of their rights ensuring their children have proper documentation and the rights of citizens.]]>