California Wildfires Complicate Divorce and Custody Arrangements

The Eaton and Palisades fires in California have destroyed at least 16,000 structures, and almost every person in Los Angeles County has been affected by the fires, with damages in the tens of billions of dollars.

People have lost their homes, businesses, belongings, and vehicles. And if any of these assets are shared by parties enmeshed in a divorce, the challenges become even more complex.

Insurance adjusters have the unenviable task of valuating shared assets that were affected by the wildfires. Already, the total attached to insured losses is more than $30 billion—significantly more than the Camp Fire of 2018, which was $12 billion.

However, the challenge is that many assets were underinsured or not insured at all. A study from the University of Colorado Boulder found most people don’t have the requisite levels of insurance to cover them for the extent of the damage incurred by a severe fire.

If a home lacks homeowner’s insurance or fire insurance, owners can face a significant problem. California state officials have yet to determine the value of these homes, so the owners of homes destroyed in the fires are still responsible for their mortgage payments, real estate taxes, or any other insurance costs.

Los Angeles County, acknowledging the disruption caused by the fires, has granted continuances on a case-by-case basis for many divorce proceedings. In the meantime, divorcing parties must address several challenges while await their time in court.

If a couple has homeowner’s insurance or fire insurance, any divorce settlement must be split 50/50 between the parties. If the home wasn’t insured or was uninsurable, courts ultimately will determine the handling of the divorce process on a case-by-case basis, as the gravity of the situation unfolds statewide.

Another factor divorcing parties must consider as the fires continue is the loss of income. If one party loses income, they must immediately file a modification of support to alert their spouse and the court of their status—that they have lost their job because of the fire.

This issue hasn’t yet come up in divorce proceedings during my time in court over the past few weeks, but it remains a possibility. People are waiting to get rental apartments for themselves and their families before they rush to court for a modification of support.

Spouses who need to modify their spousal support should visit their local court self-help center or, if they can afford a lawyer, file the modification themselves because it’s most often retroactive to the date of filing the document.

The fires also have strained child custody arrangements, as people are displaced or are relocating out of Los Angeles County. Most parenting agreements have a provision that parents can’t move away within a certain radius of the child’s county of residence or school district.

Many schools burned down in Altadena and Pacific Palisades, which is affecting parenting time, custody, and relocations. Many children can adapt to the new normal and survive the disruption over the short term, and hopefully courts will be sensitive to the disruptions caused by the fires.

Judges live within the areas where they take the bench, so where there is a legitimate displacement that a parent can verify, the court will take it under advisement on a case-by-case basis.

People who have lost their homes and livelihoods are just trying to survive now, but marital discord will likely be a product of this catastrophic event. For couples who were already facing an unstable marriage or marital challenges, the impact of the wildfires may push them past the breaking point, causing an uptick of divorce filings.

For those affected by the wildfires, now is the time to show grace and allow time to recover from the shock. Don’t hesitate to approach your spouse or judge if you need a continuance—they may agree with you and give you the time you need.

This is a deeply stressful and emotional time, but for couples undergoing a divorce, it’s crucial to prioritize insurance, consider modifications of support, and abide by child custody arrangements as much as possible to minimize further stress and disruption.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Padideh Jafari, a California divorce and family law attorney for over two decades, is founder and CEO of Jafari Law & Mediation Office.

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