Can I Get Spousal Support During a Legal Separation?
Legal Separation, Spousal Support

Can I Get Spousal Support During a Legal Separation?

Legal separation may be a good option for couples who are unsure about getting a divorce. However, it’s important to know that legal separation can come with significant financial responsibilities, including potential spousal support. If you need help understanding whether you have to pay or may need spousal support during a separation, Certified CA Family Law Specialist Judy L. Burger can help. She can share the information you need to make the best decision for your specific situation.

What is a Legal Separation?

A legal separation is a legal arrangement where a married couple lives apart while remaining legally married. This separation agreement addresses issues such as spousal support, child custody, visitation, and division of assets and debts. Legal separation can be a suitable option for couples who are uncertain about whether they want to pursue a divorce or for religious or financial reasons. It enables couples to live separately and manage their individual affairs while addressing practical matters similar to those in a divorce.

What Is Spousal Support?

Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other during or after a divorce or separation. It is designed to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage.

Legal Separation and Alimony in CA

The amount of spousal support and the duration for which it is paid can vary widely depending on factors such as the length of the marriage, each spouse’s financial situation, earning capacity, and contributions to the marriage, among others. Spousal support can be awarded on a temporary or permanent basis, and it is an important aspect of many divorce proceedings.

There are two types of spousal support in California: temporary spousal support and permanent spousal support.

  1. Temporary support is alimony that is paid while a case is still pending and before a final order or agreement has been reached.
  2. Permanent spousal support refers to the support order determined at the end of the case. Despite the name, it does not imply an endless support agreement.

Legally separated spouses handle their finances similarly as they would in a divorce, except they cannot sell shared assets. One party often lacks the independent income to adequately support themselves. The court determines each party’s earning capacity and many other factors to determine the support agreement warranted. If there is a significant difference in income or potential earnings, the higher earner may be required to provide support.

These considerations are highly specific to each situation, so you need an experienced CA Family Law Attorney like Judy Burger to help you prepare for a support determination. She can work with you to formulate an equitable and fair support agreement that covers all the relevant factors of the case.

California’s 10-Year Rule and Alimony

In California, a marriage that lasts for ten years or more is considered “long duration,” giving the court indefinite jurisdiction over spousal support in cases of divorce or legal separation. However, according to Family Code 4336, periods of separation during the marriage may also be considered in determining the length of the marriage. This means that if a couple legally separates before the ten-year mark, it may impact whether their marriage is classified as long duration in the event of a future divorce. It can also impact how spousal support is determined during a legal separation proceeding a divorce.

Working with a Certified CA Family Law Specialist like Judy Burger is obviously in your best interests when considering a legal separation and possible spousal support issues. Whether you may need alimony or be more likely to pay spousal support in the event of a separation, you need to know your options and how to prepare. Schedule a consultation with The Law Offices of Judy L. Burger in California to get advice and guidance for your future.

 

Spousal Support and Taxes
California Divorce, Marriage, Mediation, Property Division, Spousal Support

Spousal Support and Taxes

Filing for a divorce can complicate your tax situation, especially regarding spousal support. Is alimony (spousal support) taxable? Yes and no. Certified Family Law Specialist Judy L. Burger explains more about how spousal support affects your federal income taxes.

What Is Alimony?

The Internal Revenue Service defines alimony, or spousal support, (also called separate maintenance) as, “Amounts paid to a spouse or a former spouse under a divorce or separation instrument (including a divorce decree, a separate maintenance decree, or a written separation agreement) …”

It further specifies what qualifies as spousal support:

“A payment is alimony or separate maintenance if all the following requirements are met:

  • The spouses don’t file a joint return with each other;
  • The payment is in cash (including checks or money orders);
  • The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;
  • The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.);
  • There’s no liability to make the payment (in cash or property) after the death of the recipient spouse;
  • The payment isn’t treated as child support or a property settlement; and
  • The divorce or separation agreement does not designate the payment as not includable in gross income of the payee spouse and not allowable as a deduction to the payer spouse.”

Alimony and child support are not the same. Child support is never deductible and isn’t considered income.

Is Spousal Support Taxable?

The Tax Cuts and Jobs Act of 2017 changed alimony taxation rules. Here is the law as it stands now (June 4, 2024):

  1. Spousal support or separate maintenance payments made under a divorce or separation agreement executed before 2019 are deductible by the payer spouse and included in the recipient spouse’s income.
  2. Spousal support or separate maintenance payments made under a divorce or separation agreement dated on or after January 1, 2019, are NOT deductible by the payer spouse and NOT included in the recipient spouse’s income.

Some support included in a divorce or separation agreement is not considered spousal support under federal tax guidelines. Family Law Attorney Judy Burger can examine your divorce or separation agreement and determine what is and is not taxable/tax deductible for the current tax year. Many aspects of the TCJA expire in 2025 unless re-enacted by Congress.

Legal Help with Child & Spousal Support

California takes child and spousal support agreements seriously. Child support is never deductible and isn’t considered income. If a divorce or separation instrument provides alimony and child support, and the payer spouse pays less than what is required, the payments apply to child support first. Only the remaining amount is considered alimony. However, Failure to meet court-ordered support agreements is considered contempt of court and can bring serious punishments.

Penalties for contempt of family court can include imprisonment, community service, fines, and/or payment of outstanding debt for financial obligations. California law dictates that sentencing may result in fines of up to $1,000 per act of contempt and/or as many as five days in jail. In cases such as child support or spousal support order violations, fines and jail time will accumulate after months of failure to pay.

Support violations carry a three-year statute of limitations. Any action alleging violations of support orders must be made within three years after the first missed payment.

If you have questions about child or spousal support or need help getting what you deserve, contact The Law Offices of Judy L. Burger. We have eight conveniently located offices across California to serve you.

What Makes a CA Certified Family Law Specialist Different?
California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites: 

  1. Pass a written examination
  2. Continuously practice law in their specialty area for at least five years
  3. Complete continuing education in their specialty area
  4. Receive favorable evaluations by other attorneys and judges
  5. Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

  • Messy divorces
  • Complex business valuations
  • Sophisticated property divisions
  • Tense negotiations
  • Filing petitions with the court
  • Advising clients
  • Litigating difficult child custody and support cases
  • Ex parte hearings
  • Domestic violence
  • More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

  • Both parties have agreed to a divorce, but that’s all you agree on.
  • You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
  • You have small children still at home and cannot agree on a custody and support arrangement.
  • Both parties grew up in different cultures, so family rights and extended family concerns are involved.
  • Both parties jointly own a business.
  • One or both divorcing parties are active duty military.
  • You or your child’s safety is threatened.
  • You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.

Your Top 10 FAQs Answered About Family Law in California
California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

Family law deals with issues like divorce, child custody, child support, alimony, and property division. If you are going through a family law issue in California, you likely have many questions about the process and your rights. Certified Family Law Specialist Judy L. Burger answers the top ten questions we’re asked at our California practice about Family Law matters.

Of course, we can only provide the barest facts in an article. More complete explanations and answers to other questions are available in a complimentary consultation. Contact The Law Offices of Judy L. Burger to schedule your consultation.

Top 10 Family Law FAQs

Review these common questions clients routinely ask Attorney Judy Burger during initial consultations at her offices.

1. What is the process for getting a divorce in California?

To get a divorce in California, you must file a petition for dissolution of marriage with the court. You will need to serve your spouse with the petition and wait for their response. If you and your spouse cannot reach an agreement on all issues, such as child custody and property division, the court will schedule a trial to decide these issues for you.

2. How is child custody determined in California?

California courts determine child custody based on the best interests of the child. The court will consider factors such as the child’s age, health, and relationship with each parent. Generally, the court prefers frequent and continuous contact with both parents as long as it is in the child’s best interests.

3. How is child support determined in California?

California law provides guidelines for determining child support. The guidelines take into account the net disposable income of each parent and the amount of time each parent spends with the child. Other factors, such as the child’s needs and the standard of living before the divorce, may also be considered.

4. What is spousal support in California?

Spousal support, also known as alimony, is financial support paid from one spouse to the other after a divorce. Spousal support can be temporary or permanent, depending on the circumstances of the case.

5. How is spousal support determined in California?

California law requires the court to consider various factors when determining spousal support, including the length of the marriage, the standard of living before the divorce, and the age and health of each spouse. The court has discretion in determining the amount and duration of spousal support.

6. How is property divided in a California divorce?

California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses. However, there are exceptions to this rule, and the court may consider factors such as the length of the marriage and the economic circumstances of each spouse.

7. Can I get a restraining order in a family law case?

Yes, if you are a victim of domestic violence or harassment, you can obtain a restraining order to protect yourself and your children. The court may issue a temporary restraining order, followed by a hearing to determine whether a permanent restraining order is necessary.

8. Can I modify a child custody or support order?

Yes, if there has been a significant change in circumstances, such as a job loss or relocation, you can petition the court to modify a child custody or support order. The court will consider the child’s best interests when deciding.

9. What is mediation in a family law case?

Mediation is a process in which a neutral third party helps the parties in a family law case reach a mutually acceptable agreement. It can be voluntary or court-ordered and can be a cost-effective alternative to litigation.

10. Do I need a lawyer for a family law case in California?

While you are not required to have a lawyer for a family law case in California, it is highly recommended. Family law cases can be complex and emotional, and having a knowledgeable and experienced lawyer can help protect your rights and interests.

Seasoned Family Law Representation in California

Family law issues in California can be challenging and emotional, but understanding your rights and the legal process can help alleviate some of the stress. If you have questions about a family law issue in California, contact The Law Offices of Judy L. Burger, with eight offices across the state to serve you.

 

Can In-law Gifts and Support be Considered During my California Divorce?
California Divorce

Can In-law Gifts and Support be Considered During my California Divorce?

Divorce can be devastating on multiple levels—especially financially. Getting through the process and back on your feet can take time. In this situation, it’s not uncommon for family members to help out by providing extra funds. Depending on the circumstances, someone’s family support could be a temporary measure or ongoing. Additionally, some family “gifts” operate more like recurring income. If you or your ex are getting supplemental financial assistance from family, you will want to know: Can in-law gifts and support be considered during my California divorce? Continue reading →

How Will My Ex’s Affair Impact My Divorce?
California Divorce

How Will My Ex’s Affair Impact My Divorce?

Having a marriage end in divorce is hard under most circumstances. However, when the reason for the divorce is infidelity, what was already painful can be devastating. Processing your ex’s betrayal can be difficult, especially in the midst of your divorce case. However, it’s important to consider how their extramarital conduct may affect your case outcomes. Therefore, you need to know: How will my ex’s affair impact my divorce? Continue reading →

3 Debunkable Myths About California Spousal Support
California Divorce, Spousal Support

3 Debunkable Myths About California Spousal Support

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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.

Getting Spousal Support in a Registered Domestic Partnership
Same Sex Marriage and Divorce, Spousal Support

Getting Spousal Support in a Registered Domestic Partnership

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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.

2018 Tax Reform’s Effect on Spousal Support
California Divorce

2018 Tax Reform’s Effect on Spousal Support

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Often one party to a divorce will pay spousal support to the other party. Methods of calculating spousal support can be complicated. For example, tax treatment of spousal support payments differ for the party paying the support as opposed to the party receiving the support. For people currently divorcing, it’s important to consider the 2018 tax reform’s effect on spousal support.

Income Tax Treatment of Spousal Support

Income taxes for spousal support orders signed prior to 2019 were handled as follows:

  • The spouse who pays the spousal support may use those payments as a tax deduction.
  • The party that receive the spousal support reports the support as taxable income.

In the post-2018 tax reform world, though, things have changed:

  • Payers of spousal support can no longer count those payments as a tax deduction on their federal income tax returns.
  • Recipients do not have to report their spousal support as taxable income.

This seems like an easy change, but it does affect how much tax each party may be expected to pay.

The Tax Reform Effect

One issue is that the payment or receipt of spousal support may move either party into another tax bracket:

  • Recipients may move to lower income tax brackets since they no longer have to report spousal support as income. This could mean they get to keep a greater percentage of their spousal support than people divorced before December 31, 2018.
  • Payers of spousal support, however, will now lose the deduction that some call a divorce subsidy. Their income taxes likely will rise due to the loss of that deduction.

In addition, payers of spousal support may offer lower support payments since those payments are no longer tax deductible. This could adversely affect women, who are more likely to be the recipient of spousal support instead of the payer.

Will Your Spousal Support Be Affected by 2018 Tax Reform?

That depends on when your spousal support order was signed. Most orders signed before 2019 will not change, at least related to income taxes. However, support judgments that go into effect in 2019 will adhere to the new tax laws.

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.
Financial Tips for Men Going Through a Divorce
California Divorce, Child Support, Debt, Spousal Support

Financial Tips for Men Going Through a Divorce

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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 Hard

An 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.