Category: Spousal Support

Divorce Law LA blog posts about spousal support.

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Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Is Amber Heard Just Seeking Spousal Support?

Since Amber Heard’s filing for divorce from Johnny Depp at the end of May Heard has charged the Pirates of the Caribbean star with a temporary restraining order. But is the order just one way for the actress to secure a solid financial footing for her future?

Is Amber Heard Just Seeking Spousal Support?

While Amber Heard,30, might have obtained a temporary domestic violence restraining order against Depp, 52, Depp’s attorneys aren’t buying it.  In fact, Depp’s attorney feels Heard is “attempting to secure a premature financial resolution by alleging abuse,” that the two actors and the court have no “financial information upon which to grant such relief” and that “as a successful actress with significant income of her own, there is no question Amber can support herself” until both Depp and Heard “have had a reasonable amount of time to assess their finances” with their attorneys and potentially negotiate a “mutually agreeable resolution.”

While the two did not sign a prenuptial agreement, Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” Depp requested that amount be denied in his response papers to her divorce filing.

High Net-Worth Divorces33034958_s

It’s not uncommon for us to hear about high net-worth divorces coming out of Hollywood. Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” 

For individuals who carry a significant net worth, such as Johnny Depp and Amber Heard, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Since Depp has made a considerable amount of money – but Heard has as well in her own acting career. Additionally, the fact that the two were only married for 15 months will no doubt be considered when the judge reviews Heard’s request for spousal support.

Spousal Support Determinations

If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Defining Spousal Support

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

“Standard of Living”

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Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” This “marital lifestyle” will be based on what is called a “standard of living,” which is often used as a sort of guidebook for how much money a spouse will receive.

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

While a history of violence might factor into Depp and Heard’s case, it will be up to a judge to determine if that is a factor in the two’s divorce case, or if, as Depp’s lawyer’s allege that Heard is just using the restraining order as a means to secure her future financial footing.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

 

 

 

 

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Divorce Family Law Spousal Support

Italian Court Rules Man Can Pay Alimony with Pizza

A judge in Italy has ruled that it’s not a crime that a man paid his alimony in pizza.

Italian Court Rules Man Can Pay Alimony with Pizza

It was recently decided that Padua, Italy based chef Nicola Toso was not in violation of his alimony payments when he paid them “in pizza.” Toso and his wife Nicoletta Zuin divorced in 2002. At that time, it was decided that Toso would pay $335 in monthly support payments. But six years later, following Italy’s financial crisis, Toso was unable to make those payments. Instead, it was agreed that Toso would provide Zuin with food from his restaurant – including pizza, calzones, and other menu items – instead of the agreed-upon amount of their divorce agreement.

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But then in 2010, Zuin decided to take Toso to court, claiming that he had failed to provide alimony. Toso’s attorney argued that since her client had fallen on hard times, he did all he could do – offer to pay in pizza.

And it appears that a judge agrees with Toso’s side.

“In lieu of money, the defendant offered his ex-wife the same amount of compensation in the form of take-away pizzas from his workplace, an offer promptly rejected as “beggar’s change,” wrote judge Chiara Bitozzi, the judge presiding over the current court case.

Zuin wasn’t satiated with this cheesy arrangement and took her ex-husband to court in 2010, citing his failure to provide alimony.

What is Alimony / Spousal Support?

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

When You Might Consider a Lawyer for Personal Injury Claims

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification or Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Cohabitation

Cohabitation is an arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. Typically, this term refers to unmarried couples who live together without formally registering their relation as a marriage. This type of arrangement can affect a spousal support agreement, as it is often deemed that a person living with a new partner has a reduced need for support.

Depending on your state:

• Your spousal support can be reduced or terminated upon cohabitation only if the cohabitation significantly decreases a recipient’s need for support.

• Your spousal support will be terminated regardless of whether the recipient’s economic need is diminished by cohabiting.

• Your spousal support will not be affected should the recipient of the support begin living with someone else.

You’ll want to work with a family law attorney in your state to ensure you understand the rules about cohabitation and spousal support payments.

Tax Effects

Periodic spousal support payments are typically taxable for the recipient and tax-deductible by the payer. During a divorce agreement couples often create their own settlement agreements to take advantage of this situation. Payments are structured to create the best possible tax scenario for both spouses. If there are children involved in the divorce, child support payments and their tax exemptions are also considered to ensure that both spouses receive the best tax benefits possible. There are usually no tax consequences for single lump-sum support payments.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce Spousal Support

Depp’s Marriage Ends After One Year of Marriage

After just one year of marriage, Amber Heard and Johnny Depp have filed for divorce.

Depp’s Marriage Ends After One Year of Marriage

Amber Heard, 30,  has filed for divorce from Johnny Depp, 52, and is seeking spousal support, according to court documents.

The two met on the set of The Rum Diary in 2009 and married in February 2015 in two ceremonies – one on Depp’s private island in the Bahamas, and one at Depp’s West Hollywood, California home.

Depp thanked Heard during an acceptance speech for an achievement award at the annual Palm Springs Film Festival gala, saying, “I also have to thank my wife Amber for putting up with me, for living with all these characters, which can’t be easy. It’s hard for me—it’s got to be hard for her.”

Heard cited “irreconcilable differences” in the court papers and is seeking spousal support.

Spousal Support

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If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

Changes in Financial Situation

The duration of spousal support payments can also be dependent on if the spouse receiving the support has a change in their financial standing (as the result of beginning a new job or higher pay). The purpose of spousal support is to ensure financial safeguards for the person receiving them. Therefore, if they no longer need to receive money to help them maintain financial footing, then a court can rule that they are able to support themselves and no longer need the support they have been receiving.

Tax Strategy During Divorce Decisions

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If you’re paying or receiving spousal support there are some basic tax laws you need to know and remember both during your divorce proceedings and after.

Bottom line: If you receive spousal support, you must declare it as taxable income . If you’re paying spousal support, you can deduct it. This differs from child support, as child support is not taxable and not deductible.

During the Ruling

You’ll want to remember this rule while you and your spouse are working out alimony agreements, as it does impact your bottom line when it comes to your finances. The final ruling and decision should reflect the intentions you have going into tax time. You might decide to have the paying spouse agree to pay the recipient spouse’s tax liability. A family law attorney should advise you on this during your alimony hearing. 

A Helpful Tip

If you’re able to negotiate with your spouse, it might be helpful to try and work out the best tax deal that works for both of you. If you’re in the middle of a litigious divorce and alimony decision, this type of negotiation may be difficult, but it might save you a lot of time and headaches around tax season.

If you receive alimony: plan for the potential tax impact. Your former spouse is not be able to withhold taxes from the support check you receive. That means you will need to account for that when you calculate how much you’ll be paying in taxes. For this reason you might want to consider paying quarterly taxes. That will save you from getting hit at one time come April 15th.

If you are paying alimony: remember you are able to deduct the support payments on your income tax return, but not child support or distribution of property. The IRS often scrutinizes payments made during the first three years you make payments to ensure that you have not disguised your alimony payments as property distribution or other post divorce

Family Law Attorney

Working with a lawyer that understands the ins and outs of the tax repercussions of divorce can help mitigate the confusion both during the agreement hearings and after (once you are actually making the payments).

Falling Behind on Alimony

It’s not an uncommon story: a man or woman falls behind on their alimony payments. This can happen for a number of reasons: loss of job, inability to get a job, or negligence. If you’re the one not receiving the payments, it can have a damaging effect on your entire life. Here’s some information on if your ex fails to make alimony payments.

What’s the Reason?

If you are not receiving court-ordered alimony payments try to find out why. Did your ex recently lose his or her job? Were they injured and are no unable to work? If this is the case, you might want to consider working out a plan to make up lost payments or to make future payments. Working with an attorney on something like this is a great idea as they will be able to provide an unbiased opinion on the situation. You will also have legal proof should you need to take the un-paying spouse to court.

Avoiding Alimony Payment

If your spouse is able to make the payments, and has not suffered a loss or job, or an injury that is keeping them from work, and rather just avoiding their court-ordered obligation, you’ll need to seek legal help. You will need to file a motion with the court asking a judge to order your spouse to pay any past-due past payments. This motion will also include an agreement to keep up with the future payments. You’ll want to work with an experienced family law attorney to draft a persuasive legal motion for this. An attorney will also being able to serve as your representative in court.

Consequences of Not Paying Alimony

Courts have a number punishments or fines for delinquent spouses. While the laws governing the consequences vary from state to state, generally a court will allow the following:

  • Holding a spouse in contempt. This can lead to fines and possible jail time.
  • Withholding income from the spouse. During this the delinquent spouse’s employer is required to withhold the spousal support amount from the delinquent spouse’s paycheck. That money is then sent directly to the spouse that is supposed to be receiving spousal support.
  • Writ of Execution = when a judge awards a portion of the delinquent spouse’s bank accounts and other assets to the receiver spouse.
  • If the amount owed is substantial, you are able to ask the court to issue a money judgment for the total amount owed along with interest.

Contact a family law attorney that can help you file a legal action to enforce alimony. A lawyer will be able to ensure you receive the money that is owed to you.

Working with a Family Law Attorney

There are a number of things that need to be considered during a divorce and during a spousal support decision. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Ford Ad Takes on Divorce

Most advertising companies tend to stay away from the topic of divorce. It can feel uncomfortable, and sad. But Ford Denmark’s latest commercials don’t beat around the bush when it comes to the topic.

Ford Ad Takes on Divorce

While divorce is a sad experience for everyone, it is something that many people go through within the course of their lives. Ford Denmark addresses the topic of divorce directly in a recently released three-part short film, created by creative agency Very.

While it might seem dark for a car ad, it’s effective in that it drives home the idea that life happens so much in our cars, which is why it’s important to buy a good one.

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The first ad in the three part series portrays a father and daughter having a snowball fight. The girl’s younger brother sits in the car, refusing to take place in the fight. What we later realize is that this is him taking a stances against his parents’ impending divorce.

In the second and third ads, the story proceeds with the disintegration of the family. Among the images, Ford cars are ever present.

“We started thinking about how prevalent the car is in a divorce. It is both a tool and a setting,” said Daniel Kragh-Jacobsen, director of the ads. “Ford’s demography really is the Danish middle class, who do have the highest divorce rate in the world. And so we pitched this film under the banner ‘Ford. Supporting families against the odds.’ “

“It was a main concern from the beginning, from everyone. But we had to try to submit our idea and see what happened,” he says. “As you can see, the film is split into three sections, and each section has one small story which centers the car. To me it was just perfect, dark or not dark. It was about real people, and yes, the story is centered around a product, but the product is simply a prop or a setting, just like in a fiction film.”

Kragh-Jacobsen hopes viewers are attracted to the new ads “because they see themselves in our story. They can relate, and it isn’t a glossy picture of the perfect family driving the perfect car. Whether this will influence them to buy their new vehicle, I’m not sure. I guess it is creating some attention around Ford, since they are trying something new. The most important thing for me is that our story resonates and is remembered.”

Divorce is Sensitive

Divorce is a sensitive topic for most. If they have not been through a divorce themselves, chances are they know someone that has been through a rough divorce, or may even have witnessed divorce first-hand by watching their parents divorce. When it comes down to it, everyone is at least familiar with divorce.

While divorce can be heart-breaking, it can also be an opportunity for reflection and analysis. Below are some tips for how to get through this rough time.

Perspective

Yup, it’s true, hindsight is 20/20. You have to walk through something, get a far way ahead of it, and only then can you look back and see just how important that process was. At that point you can see the beginning, the middle, and the end, and how that end is so clear and empty of emotional and clutter. Take this new clarity and run with it. That perspective can give you amazing information you need to change your own behaviors and to improve your future relationships.

Gratitude After Divorce

After you lose everything, you take nothing for granted. Divorce can be like losing everything:  past memories, your present marriage, and future dreams. Let that be your determination to survive. But this is also a time to lean on friends and family that stepped up and stood by. They will lift you up, even when you can’t lift yourself. Be grateful for them, and try to show them that you are. If not now, then try to later.

Empathy
When you have felt pain, you honor and respect that pain in others. Divorce can make you more empathetic towards people facing any form of loss. You will move towards acceptance and forgiveness of your situation and your ex. And with this movement will come the ability to see things from other people’s viewpoints, making you a better friend, and a better person to be in a relationship with (down the line, when you are ready for one).

Divorce wipes away the ego that believes it’s shameful to ask for help. After you admonish this, you will be able to accept help for yourself, and then be able to offer help to others who are in need.

Responsibility
It’s easy to blame your ex, to place the responsibility for the divorce in his or her hands. We also might realize that all too often we have looked to them to provide happiness, or support for making decisions. This interdependency ends with divorce. It’s good to be interdependent, but divorce requires that you learn to be independent. You’re going to be steering this ship on your own. You’re going to have to be responsible for your own things now: happiness, support, etc. Let this empower you though, rather than make you feel lost or scared. You’re completely in control now. You can change. It’s your life now.

Humility

Divorce teaches us that no matter how much we want something to be true, we can’t force it into being. All those choice you made have consequences. And maybe now you are being forced to see them. Sure, you might have said “divorce will never happen to me,” but now it has. You’re going to have to admit that it can happen to anyone. Let this “slap” of reality force you to embrace acceptance while also redefining expectations. You’re not immune to anything.

Fortitude
Divorce can be a longer process with more setbacks than you had ever imagined before you took that first step. Just when you think that the worst is behind you, BAM! It hits you again. Two steps forward, one step back has never been more true. It takes grit to survive.

Awareness
Divorce can be a wake-up call. Often times people realize they were living in a kind of “auto-pilot” mode when they said their “I dos.” The clarity and awareness you have after saying your “I Un-dos” might provide you with a sense of awareness that wasn’t there before. A lot of people turn to meditation and yoga during divorce because it settles the mind to allow for awareness. This mindfulness and consciousness will be helpful moving forward in your new life.

Ingenuity

Keep a Journal in Your Personal Injury CaseDivorce is also a way to test your abilities… all of them. Your negotiating skills, your financial skills, your balanced budgeting skills, co-parenting abilities. You are the only problem solver now. You will need to work out how to afford your rent on a portion of the budget you once had. You will also need to learn how to co-parent, potentially with an ex you hate (for now). But the more you are placed in these new positions, the better you will become at those tasks.

Figuring Out Marital Property

Divorce is scary to face. What can make the process even more overwhelming is determining what your financial situation will look like. In addition to child support and alimony, you will also need to determine how your property will be divided.

What State do you Live in?

State laws govern how the marital property will be divided. You will need to check with an attorney to see if you live in an equitable distribution state or a community property state.

What Counts as Property?

Property is anything that can be bought or sold, or anything that has a financial value. This includes: houses, cars, furniture, clothing, bank accounts, businesses, etc. Within that, there are two forms of property when it comes to a marriage: community property and separate property. Community property is anything earned or acquired during the course of the marriage. Separate property belongs to one spouse. States make their own determinations on what counts as separate property. A family law attorney would be able to help you determine what is “separate property” based on your state’s laws.

Other Considerations

There are four other steps that need to be considered when diving marital property:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

In addition to figuring out marital property division, you’ll want to consult with professionals familiar with re-structuring finances after divorces.

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Divorce and Your Bank Account

No one has ever said that divorce is a cheap process. For the most part, if you and your spouse are unable to come to a decision on things, divorce can be an expensive process with an expensive aftermath.

To Consider Before You Divorce

If you are unhappy and unable to continue your marriage, then divorce might be the best option for you. There are some financial considerations you will need to make. Here’s a little of what you can expect:

  • Living as a single person costs more. This can be increasingly true for couples that share children.
  • Your standard of living might drop because of increased living costs that are no longer being shared.

But there are ways to minimize the financial damage. You’ll want to review these steps if divorce is in your future.

Minimize Financial Pain During Divorce

Work with a Lawyer

Negotiation versus Litigation in a Slip and Fall Case

Even if you have decided that you don’t want to work with an attorney, at least consult one so that you are aware of your rights and options. You need to protect yourself. Even the most amicable of divorces can get sticky when it comes to ironing out the legal ramifications and you’ll want to do the best you can when it comes to protecting yourself. Remember that bitterness can cause people to do things they wouldn’t normally. Most lawyers offer a free first consultation.

Look at Your Credit Reports

You are able to pull free credit reports three times a year. These reports show all of the credit accounts that exist in your name, in addition to those you share with others. You’ll want to look for new accounts opened in your name and any changes that are unexpected. Your credit score can be damaged by a spouse that fails to pay joint bills.

Close and Monitor Your Joint Accounts

A lot of times divorcing spouses will move money from joint accounts to individual accounts so that the other spouse is unable to recover the cash. A lot of times this leads to large amounts of debt on joint credit cards, for which the innocent spouse is also responsible for.

The Consumer Financial Protection Bureau says:

When you have a joint account, each account holder is responsible for the full amount of the balance. The card issuer can seek to collect the amount due from either account holder.

Because of this, it’s advised that you close or freeze your shared financial accounts, including credit cards, joint bank accounts, and lines of credit. You will then need to open lines of credit under your own name. You might consider moving to new institutions to avoid confusion. If your spouse is resistant to this, try to do it on your own by consulting the account rules in the contract you signed when opening the account. You can also ask your bank to help.

Remember to also remove your spouse’s name as an authorized user from your personal accounts.

If you must retain a shared account because of costs related to children, try to limit it to one. Make sure to monitor the activity on the car by requesting balances and records of the most recent transactions. You can do this from an ATM, bank branch, or online.

Document Your Money — All of It

Try to locate every single marital financial resource, including:

  • All accounts and assets held jointly and individually. Record the balance, date, account number, authorized users, and contact information for each bank or creditor.
  • Incomes, property, retirement plans and all other assets owned jointly and individually. This should include vehicles, homes, jewelry, furniture, brokerage accounts, and insurance policies.

Make sure you keep everything in one place. Regardless of if you work with a lawyer or not, the court will need statements and documents pertaining to all accounts, assets, bills and debts. Organize everything in a file cabinet. Include:

  • 401(k) statements
  • Insurance policies
  • Real estate purchases
  • Mortgages and refinances
  • House appraisals
  • Brokerage accounts
  • Money market accounts
  • Tax returns

Work with a Divorce Financial Analyst

You might consider working with a divorce financial analyst that can help with your settlement by:

  • Locating assets. This also includes hidden assets.
  • Ensuring information about family finances is accurate and complete.
  • Developing a long-term forecast of how your divorce will affect your finances when it comes to retirement needs, tax liabilities, and benefits.
  • Developing a realistic household budget so that you know where you stand in terms of life insurance, health insurance, and cost-of-living increases.
  • Appraising and/or valuing assets.
  • Preparing financial affidavits that describe your financial and tax implications when it comes to various divorce settlement options.
  • Mediating a financial agreement between you and your soon-to-be ex-spouse.

Get Your Name on the Deed

Regardless of if you are getting divorced or not, make sure your name is on titles and deeds of property you own together. This is important for all spouses, and can become an issue in cases of a spouse passing away.

This property is considered marital property in the state of California, and will need to be divided should you divorce your spouse.

When it comes to dividing assets during a divorce there are various concerns you will need to deal with when it comes to dividing the marital property.

What State do you Live in?

Keep a Journal in Your Personal Injury Case

State laws govern how the marital property will be divided. You will need to do your research and check with an attorney to see if you live in an equitable distribution state or a community property state.

Other Considerations

There are four other steps that need to be considered when diving marital property:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

Change Beneficiaries & Rewrite Your Will

After your divorce you will need to change the beneficiary on your assets, including  insurance or stocks, bank accounts or retirement accounts. You’ll also want to update your will too if it lists your spouse’s name.

Have a Financial Plan

You’ll need to know how to budget according to your new income amount. Putting this together before entering the divorce process will help you understand your needs following the divorce so you can come to a settlement that works.

Make sure you plan for college tuition, child care, children’s lessons, sports and activities, and your own retirement, taxes, transportation and housing.

Financial Future

Considering your financial situation after your divorce can feel daunting and overwhelming, but if you take the right steps, you can be sure to set yourself up for financial freedom. It might take some tweaks, but consider the fact that you are now completely in charge and able to make your own decisions regarding how your money will be spent. Embrace it, and embrace the freedom you now have.

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce Spousal Support

Cuoco and Sweeting: A Lesson in Spousal Support

It looks like Kaley Cuoco, star of The Big Bang Theory, might have to pay spousal support to ex, Ryan Sweeting.

Cuoco and Sweeting: A Lesson in Spousal Support

Cuoco, 29, earns an estimated $1 million an episode, and now it looks like her Tennis pro ex, Sweeting, 28, has filed for a piece of those earnings. The two filed for divorce just three weeks ago following a 21-month marriage.  Read on to learn more about what spousal support is and how long the payments can last.

Understanding Spousal Support

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

When You Might Consider a Lawyer for Personal Injury Claims

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. Often times it is award because it’s assumed that the recipient spouse took on the “house” aspect of the family, while the paying spouse went to work. But the goal is for the recipient spouse to eventually become self-supporting. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

41880246_s

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification or Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Cohabitation

Cohabitation is an arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. Typically, this term refers to unmarried couples who live together without formally registering their relation as a marriage. This type of arrangement can affect a spousal support agreement, as it is often deemed that a person living with a new partner has a reduced need for support.

Depending on your state:

• Your spousal support can be reduced or terminated upon cohabitation only if the cohabitation significantly decreases a recipient’s need for support.

• Your spousal support will be terminated regardless of whether the recipient’s economic need is diminished by cohabiting.

• Your spousal support will not be affected should the recipient of the support begin living with someone else.

You’ll want to work with a family law attorney in your state to ensure you understand the rules about cohabitation and spousal support payments.

Tax Effects

Periodic spousal support payments are typically taxable for the recipient and tax-deductible by the payer. During a divorce agreement couples often create their own settlement agreements to take advantage of this situation. Payments are structured to create the best possible tax scenario for both spouses. If there are children involved in the divorce, child support payments and their tax exemptions are also considered to ensure that both spouses receive the best tax benefits possible. There are usually no tax consequences for single lump-sum support payments.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce Spousal Support

Ken and Anne Griffin Settle Divorce Battle

After 14 months of court battles, hedge-find billionaire Ken Griffin and ex Anne Dias Griffin have finally decided on a divorce agreement.

Ken and Anne Griffin Settle Divorce Battle

The hedge-fund billionaire, who is reported to be the 69th richest man in the world according to Forbes magazine, and his wife were able to come to an agreement just days before they were to begin a trial over their prenuptial agreement.

According to Jay Frank of Aronberg Goldgehn in Chicago, reaching a  settlement is far preferable to going to court because it’s a “resolution the two of you have come to — there isn’t a third party that doesn’t know you, deciding who gets what.”

Prenuptial Agreement

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For the majority of the battle, Anne maintained she was coerced into signing the prenup just a day before their marriage in 2003.

The best way to avoid finding out that your prenuptial agreement is invalid during a divorce is to ensure that no mistakes are made when the agreement is drafted. Here are some things to avoid.

Prenuptial Agreement Mistakes

A prenuptial agreement can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:

  • Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
  • Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
  • Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were  coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
  • No Full Disclosure – Disclose all assets and debts.
  • Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
  • Biased – The prenuptial agreement should not show any bias to one party.
  • Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
  • Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
  • Ambiguous Writing –  Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.

Additional Planned Trials for the Griffins

The trial over the prenuptial agreement was set to be followed by a separate trial over child support, and yet another separate trial to decide custody and visitation.

Joint Custody Decision

It was decided in the agreement that the couple will have joint custody of their three young children. Prior to the agreement, Anne was seeking sole custody with reasonable visitation for her husband, while Ken was pushing for joint custody.

Additionally, Anne wanted to relocate the children to New York, but it seems that she withdrew that position.

Other than custody, the rest of the terms of the settlement weren’t disclosed.

What is “Joint Child Custody”?

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

High Profile Divorce Case

New York divorce attorney James P. Joseph believes the inevitable media attention that comes with such a high-dollar, high-profile case like the Griffin’s is “horrible” for wealthy former couples. He added that the media’s interest can add “an incredible amount of pressure” at an emotionally difficult time for both the spouses and also their children.

 

While it seems that the Griffin’s dirty laundry has been aired to all, it’s really up to how they manage the conflict within the family. And while it may seem the opposite, low-impact and low-conflict divorces can often have more damaging effects on children than high-conflict and high-impact divorces.

Low Conflict Divorce and Children

Divorce is not easy, and it often brings out the worst in us, but in some marriages, the signs of divorce can be hard to spot for children. If you and your spouse have always had a low-conflict marriage, where there is little yelling, it can be hard for a child to understand where a divorce is coming from.

Dr. Paul Amato, a sociologist at Penn State University, and Alan Booth, also from Penn State, did a study a number of years ago on 2,000 divorcing parents and 700 children of divorcing parents. What they found is that, “From the child’s perspective, there is no evidence that anything is drastically wrong,” says Dr. Booth. “It is an unexpected, uncontrollable and unwelcome event where one parent leaves the home and the other is overwhelmed with the demands of single parenthood and a lowered standard of living.”

Dr. Booth suggests that marriages in which there are high amounts of conflict can actually be more beneficial to children because it can feel as if there is finally an end to a hostile situation. While we are never ones to argue for high conflict, it can make more “sense” to a child.

Whatever the reason or type of divorce you are going through, whether high or low impact, it is never a good enough excuse to pull your kids along through the hurtful ride of roller-coaster emotions. This means learning how to co-parent with your  ex-spouse.

co-parenting-rights-1

Building a Successful Co-Parenting Situation

“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face.

 

Working with a skilled attorney can help ensure you get a fair case.  For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

 

 

Categories
Divorce Family Law Marital Property Division Spousal Support

Kaley Cuoco Divorce

After 21 months of marriage, Kaley Cuoco has filed for divorce from husband Ryan Sweeting.

Kaley Cuoco Divorce

Kaley Cuoco, 29, and Ryan Sweeting, 28, have decided to end their marriage, listing their date of separation as Sept. 3, and announcing the split via Cuoco’s rep on Friday Sept. 25, with this:”Kaley Cuoco and Ryan Sweeting have mutually decided to end their marriage. They ask for privacy at this time. No further statement will be issued regarding this matter.”

The two have cited “irreconcilable differences” as the reason for the split. Additionally, the TV star and tennis player signed a prenuptial agreement one month prior to saying their wedding on Dec. 31, 2013. In that document, the couple agreed to both spousal support and property assets.

Spousal Support

Alimony, also known as “spousal support,” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse, in this case Cuoco, who is said to be the highest paid actress on TV, to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

41880246_s

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

Property Division

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State laws govern how the marital property will be divided. You will need to check with an attorney to see if you live in an equitable distribution state or a community property state.

Other Considerations

There are four other steps that need to be considered when diving marital property:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law Spousal Support

Green Will Receive Spousal Support From Fox

Last week, Megan Fox officially filed for divorce from husband Brian Austin Green. The two had just announced they were separating days earlier.

Though it’s unclear why the couple is splitting, according to sources, the two have been separated for the last six months. The couple met 11 years ago on the set of ABC’s Hope & Faith. While the two made quick plans to get married, that was put on hold because the two felt that Fox, who was 18 when they met, was too young to really consider marriage. Green proposed again in 2010, and 24 days later the two were married in Hawaii.

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While the two did not sign a prenuptial agreement, it seems that Fox will be paying spousal support to Green, who has been unable to work because of a car accident the two were involved in last December.

What is Alimony / Spousal Support?

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Permanent Spousal Support for Green?

Because permanent spousal support is often awarded to spouses that are disabled, Green could receive permanent spousal support, as it seems he has been unable to work due to an accident the couple was involved in last December.

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

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Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification and Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Joint Custody

In addition to paying spousal support, another thing that Fox and Green will need to determine is the custody of the two children they share, Noah, 2, and Bodhi, 18 months. Green has a child from a previous relationship.  It appears that Fox has filed for joint physical and legal custody, which means that both her and Green will share full custody.

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

A Family Law Attorney

There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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