Seth and Angela enjoyed a comfortable, upper-class lifestyle during their 12-year marriage. However, many of their luxuries were made possible by Angela because she earned far more than Seth. This became an issue only when they decided to divorce because Seth asked his wife to pay spousal support to him. Does a wife have to pay her ex-husband support after they divorce? Isn’t that usually the husband’s duty? Continue reading
Joyce was relieved when her ex-husband, Martin, was ordered to pay spousal support. She had no way of maintaining anything close to the lifestyle she enjoyed during their 22-year marriage. It would take several years for her to train for a career so she could support herself. Then, suddenly, she stopped receiving checks from Martin. When your husband stops paying spousal support, where do you turn?
Constant bickering and disagreements can lead a couple to turn to divorce. However, after filing the petition, the unhappy couple now have to resolve a lot of serious issues they couldn’t settle while they were married! If you and your spouse can’t agree on anything, be prepared. You still have to negotiate divorce issues to reach a settlement. Here are some tips on how to do just that:
Jennifer knew she might have to pay spousal support to her husband, Blake. After all, her income had been much higher than his for most of their 12-year marriage. However, as they negotiated their marital settlement, she couldn’t help but ask her attorney, “How long will I have to pay spousal support to Blake?” The answer to her question depended on a number of factors.
General Reasons the Court May End Spousal Support
In some cases, the court may not order spousal support in the dissolution of a marriage or domestic partnership. Based on the couple’s standard of living or earning capacity, neither spouse may be economically disadvantaged after the divorce.
If spousal support is ordered, the person who is paying (the “payor”) may want to know how long they will be required to pay. Spousal support, also known as domestic support or alimony, may end under the following circumstances:
- A court order or judgment;
- One of the parties dies; or
- The person receiving spousal supporting remarries or registers a domestic partnership.
Many factors play into the question of whether spousal support will be ordered and for how long.
The Length of the Marriage Matters
The California Family Code (the “Code”) contains laws regarding divorce, including spousal support. Section 4320 states that the supported party (the person receiving alimony) is expected to be self-supporting within a reasonable time frame. “Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage…”
For example, if Jennifer and Blake had been married eight years, Jennifer might be ordered to pay spousal support to Blake for four years. This assumes that the request for spousal support meets all other requirements.
However, a “marriage of long duration” is generally considered to be any marriage over ten years. Unless the parties agree otherwise or a court order terminates support, the court continues to oversee, or retain jurisdiction, indefinitely for marriages of long duration. Because Jennifer and Blake have been married 12 years, their marriage fits the definition of a marriage of long duration.
How Long Will You Pay Spousal Support?
There’s no easy answer here. Whether a party pays spousal support, how much support will be paid, and how long payments last depends on the particular facts of your case. In addition, some decisions are up to the judge’s discretion.The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.
The typical divorce case involves many issues, including child custody, spousal support, and property division. Transparency is key to fairly resolving these issues, especially when it comes to dividing a couple’s marital assets and debts. In a community property state like California, debts and assets acquired after marriage usually belong to both parties. That’s why the preliminary financial disclosures are important – it’s hard to divide property when you don’t know it exists.
What are preliminary financial disclosures?
The divorce action starts when one person files a petition to dissolve the marriage. At the same time, or within 60 days, the petitioner serves the preliminary financial disclosures on the other party. If the other party responds to the petition, he or she must also serve preliminary financial disclosures on the petitioner.
Several documents make up the disclosure packet:
- Declaration of Disclosure,
- Income and Expense Declaration,
- Schedule or Assets and Debts OR a Property Declaration, and
- Declaration Regarding Service of Declaration of Disclosure.
Courts generally do not grant divorces if the parties have not submitted their financial disclosure forms.
What happens if the preliminary financial disclosures are wrong?
It’s entirely possible one party could omit assets from the disclosures accidentally. It’s also possible that the assets are being hidden to avoid sharing them with the other party.
If disclosures are incomplete or wrong, the simple answer is that the property will not be divided evenly. One party may not receive everything they deserve. The court may approve the property settlement without learning of the hidden property.
Accidental omissions on the preliminary financial disclosures may be easy to fix. However, deliberately concealing assets can lead to penalties. For example, a court may award 100% of a community property asset to the innocent party instead of only 50%.
Make Sure Your Property Is Disclosed and Divided Properly
Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
Community Property vs. Separate PropertyGenerally, courts consider most property (and debts) accumulated during a marriage to belong to both parties. However, this is not as cut and dried as it may seem. For example, an inheritance one spouse receives during the marriage may remain the separate property of that party. Sometimes separate property may become mixed with community property during the course of the marriage. Hard decisions have to be made, then approved by the court.
But Is it Really “Property”Generally, we think of personal property and real property. Some possessions may not be thought of as property, though, especially when it comes to splitting them between spouses. That said, you might expect the following items to be personal property:
- collections, like wine or art,
- books, and
- other personal effects.
- bank accounts,
- retirement accounts,
- investment accounts,
- vehicles, including boats, cars, and airplanes.
- Your home,
- Commercial property, and
- investment property.
Final Thoughts on Property in a DivorceDetermining whether a possession is community property or separate property makes a difference in property division. It’s also important to know the value of your property before dividing it up. You need an attorney who understands simple to complex property situations. To discuss how to handle property and divorce issues, please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
Myths are widely-held beliefs that are actually incorrect. Even California divorces face a few myths, especially about spousal support. Fortunately, those myths are easy to debunk using California divorce laws.
Myth #1 – All Women Receive Spousal Support
This belief is false. According to California law, the court may consider the following factors when deciding whether either party will receive spousal support:
- Each party’s ability to earn a living.
- Whether one party helped the other party with education, training, career opportunities, and obtaining licenses necessary for employment.
- If the supporting party makes enough money to pay spousal support.
- The standard of living each party enjoyed during the marriage.
- Each party’s obligations and assets, including their separate property.
- How long the marriage lasted.
- Whether the supported spouse can work without hurting the couple’s dependent children.
- The parties’ age and health.
- Whether the couple has a history of domestic violence, including actions taken against their children.
- Any tax consequences the parties may face.
- Whether the supported party can eventually become self-supporting.
- Whether one party has a criminal conviction for abuse against the other.
The courts may decide not to give spousal support to a woman based on the factors listed above.
Myth #2 – Only Women Can Receive Spousal Support
Also easily debunked. California law does not state that women can receive support under the circumstances listed above. Instead, it refers to the parties to the divorce.
For example, it is uncommon for wives who earn more than their husbands to receive support payments. In fact, they may be ordered to pay spousal support to their ex-husbands if the conditions are right.
Myth #3 – Marriages of Over 10 Years Guarantee Spousal Support
This is a common misunderstanding. California law does mention marriages of long duration, which means marriages of 10 years or more.
However, the law states that the court “retains jurisdiction” indefinitely for marriages that meet the long duration test. Whether a party receives spousal support or not is still determined by the court’s consideration of the factors listed in Myth #1 above.
Learn More About Your California Spousal Support Options
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including spousal support. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
Ending a long-term or very close relationship is never easy. Spousal support is one sometimes hotly contested issue in a divorce. If spousal support is appropriate, then how much should be paid? This holds true for registered domestic partnerships, too. Partners embroiled in a breakup may also be facing spousal support questions.
How is a domestic partnership registered in California?
Couples who want to have an opposite-sex marriage must get a marriage license from the County Clerk’s office. Same-sex couples, and certain opposite-sex couples, do not buy a license to memorialize their relationship. Instead, they file a Declaration of Domestic Partnership or a Confidential Declaration of Domestic Partnership with the California Secretary of State’s office. California Family Code Section 297 outlines the requirements for couples who form a domestic partnership.
To terminate or dissolve a registered domestic partnership, the partners may file a Notice of Termination of Domestic Partnership, also with the Secretary of State. Requirements for termination are laid out in California Family Code Section 299.
Can you get spousal support in a registered domestic partnership?
Filing the Notice under Section 299 means that both parties waive their rights to spousal support. To claim support, partnership typically must file a Petition for Dissolution of Domestic Partnership with the California Superior Court.
Parties who file a Notice of Termination do not go through court hearings or mediation. When filing a Petition for Dissolution, however, the parties may attend hearings and ask a judge for temporary orders. Support is one issue that will be addressed by the court.
What does a partner need to do to get spousal support?
As noted above, the first step is to file the Petition for Dissolution. After that, the dissolution proceeds similar to a divorce. The partners will negotiate an agreement on community property and debt, arrive at child custody and support arrangements if necessary, and come to an agreement about support. If the partners are unable to do this through negotiation or mediation, their case may be heard by a judge, who will then issue an order about these issues.
Make sure you get the support you deserve.
Please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients with dissolution of marriages and domestic partnerships from our offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
In a previous blog, we talked about finances for women going through a divorce. Now, it’s the men’s turn. The divorce experience is as different for men and women as, well, men and women. Nowhere is that more apparent than in family finances. Even though men tend to fare better financially than women post-divorce, it is still important to consider some financial tips for men who are going through a divorce.
Learn Everything You Can About Your Finances
It may be difficult to negotiate a reasonable divorce settlement if you don’t know what’s involved. What bank accounts do you and your spouse have? How much debt do you have? Did you or your wife take the leading role in financial decisions. Make sure you know where you stand.
Make an Inventory of All Property
At this point, don’t worry about whether it is community property or separate property. Account for cash, bank accounts, real estate, personal property, and other assets. Prepare a list that is as complete as possible. Then put it in a safe place.
Explore Spousal Support Options
Some men resist paying spousal support. The reasons vary. Sometimes the husband took a greater role in financially supporting the family while the wife focused on home and children. Others may be worried they won’t have enough money to live on.
Some men resist receiving spousal support. In divorce cases where the wife makes more money than the husband, or where the husband takes an increased child custody role, the wife may pay spousal support to the husband.
Prepare for Child Support
Whether you will pay and how much depends on a number of factors. The judge hearing your divorce case will enter an order for one or both parents to provide a certain amount to cover a child’s living expenses.
Make sure you provide complete and accurate financial disclosures. The court will consider both parents’ net disposable income when deciding on child support.
Hold Off on Impulse Buying
Depression or even a sense of freedom sends some men over the financial deep end. This may not be the best time to buy a boat, go to Vegas, or move cross country. If possible, wait until after the divorce is final before making any big decisions.
Divorce is HardAn experienced California divorce attorney can help you achieve the best outcome possible. Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.
Sometimes it is necessary to call in experts to help finalize a divorce settlement. In addition to forensic accountants, child psychologists, and financial experts, one or both parties may call vocational experts for assistance.
Vocational experts analyze an individual’s ability to work compared to the job market. They also calculate the earning power of one or both spouses. This calculation may be particularly useful where one spouse has stayed home to care for children while the other worked. Typically, the expert will assess the abilities, interests, experience, and training of an individual before compiling a report.
Why Hire a Vocational Expert?
Sometimes one party will reduce their income in an effort to avoid child support and spousal support obligations. Income assessments performed by a vocational expert may be used by the court instead of that spouse’s actual earnings. For example, let’s say Stan quits his six-figure corporate job to flip burgers. He does not want to pay child support or spousal support. Based on a vocational expert’s report, the court may overlook what Stan is actually paid in favor of what he is capable of earning.
In some divorce proceedings, vocational experts may be needed to assess both parties. Consider the divorce of Joe and Patricia M. One spouse, Joe, has been the primary breadwinner for most of the marriage. He claims that he should pay very little spousal support because Patricia has a degree in accounting. However, Patricia’s vocational expert estimates her earning potential to be much lower than Joe’s because she was a stay-at-home mom for 20 years. Their divorce settlement likely will be based at least in part on the vocational expert’s lower estimate.
Vocational experts may also assess a spouse’s abilities, then compare them to the current job market. For example, Jackie trained and worked as a travel agent before she married. Unfortunately, travel agents are being replaced with online reservation sites, so Jackie’s job opportunities may be limited. A vocational expert might report that Jackie’s earning potential is low or that she needs extensive retraining to find a new career. Either way, a court may take this information into account when finalizing her divorce settlement.
Learn More About Vocational Experts
Courts are not generally required to accept a vocational experts’ report. However, such reports are often considered during the final negotiation of a divorce settlement.The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities. Our new Beverly Hills office is opening soon!