Family Law Blog
How do Separate Property Assets impact Spousal Support?
One defense that may be used against a long-term spousal support award is that the requesting party does not need support because the separate property estate after the judgment is sufficient to meet their needs and enabled them to be self-supporting. There are...
Do I lose custody if I am deployed?
A top concern is if a parent will lose custody once they are deployed. Modification of custody or visitation cannot be justified solely due to the party's absence, relocation, or failure to comply with their custody order due to military duty or deployment. ...
What should I know about the Uniformed Services Former Spouses’ Protection Act?
It is beneficial to educate yourself about the Uniformed Services Former Spouses' Protection Act, UFSPA -- so what exactly is it? Military pensions have to obey ERISA and they are subject to federal laws. In cases of ERISA, that means that the federal laws...
How is a Military Divorce Different from a Civilian Divorce?
As a former Navy wife that comes from a military family, I love working with service members and their spouses. We have been representing military families in their divorces for many years. There are certain issues that are raised both in civilian and military...
How will cohabitation with my significant other impact my Spousal Support?
Cohabitation is when the spouse is residing with his or her significant other. In California, If a spouse that is receiving spousal support is cohabitating with someone, then the supporting spouse or the payor of the spousal support may seek to terminate or modify...
Can I stop paying spousal support when I retire?
A common question people ask is “Can I stop paying spousal support when I retire?” Circumstances might call for a change in the amount for spousal support. The retirement age is 65 in the state of California. Once you decide to retire, you will be able to request a...
What is the marital standard of living and how does that impact Spousal Support?
In California, past cases have held that the marital standard of living is a starting place for all long term spousal support orders. For post-judgment matters, the importance of the marital standard of living usually declines after time has passed from that date of...
I can’t work because of health issues, will that change my support amount?
The age and health of the parties are factors that courts will consider when determining spousal support. In some cases, a party may have a disability due to an injury or illness that impacts their ability to work. If a party has a disability due to injury or illness...
I was convicted of domestic violence, can I still get spousal support?
Can Spousal Support be Awarded with a Finding of Domestic Violence? It is against public policy to have a spouse pay support to their abuser. If a spouse has been found to have committed domestic violence towards their spouse, they are unable to collect spousal...
My spouse refuses to work, can support be based on their earning capacity?
The court generally wants the supported spouse to be self-supportive if they have the earning capacity to maintain the same standard of living during the marriage. However, there are several factors that are taken into consideration by the court when awarding spousal...
How do I calculate Spousal Support if my spouse has a commission only job?
Many clients ask, "My spouse has a commission only job, or the majority of their income is from commissions, how do I calculate support, since there is never really a regular number?" There is a case that is used by family law courts in spousal support cases, where...
How do I determine the cash flow of a business for Spousal Support?
Spousal support can be difficult to establish when one or both of the spouses own a business. The parties receive income from that business and also use the business as a means to reduce their taxable income. Each party will be required to produce their income tax...
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