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Palo Alto California Family Law Blog

Will you pay manimony when your divorce?

If you are a well-paid female executive in California, you should be aware that the court may require you to pay your husband spousal support when you divorce if his earnings are substantially lower than yours. While “reverse alimony” remains a reasonably uncommon event, it is catching on across the country. As wife.org reports, it even has a new nickname: manimony

Today approximately 20 percent of divorcing husbands nationwide get post-divorce manimony from their ex-wives. In the past five years, women have become the major or only breadwinner in approximately 40 percent of American households. It may surprise you to learn that over 2 million dads stay home to take care of the kids while their wives work to support the family.

Why joint custody may be your best solution

At the Law Offices of Diane J.N. Morin, we know that one of your biggest concerns when you face the prospects of a California divorce is your children. You hate the thought of breaking up their home and wish there were some way to make things easier for them. Perhaps there is. Have you and your spouse considered joint custody?

Joint custody has become widely prevalent in the past decade and now represents the custody arrangement of choice for a vast majority of judges, divorce attorneys, legislators, child psychologists and divorced parents themselves.

Prenup: could it save your marriage?

Getting married is exciting. You are opening a new chapter of your life with someone you love. But while marriage is thrilling, it can be complicated. You have probably heard about prenuptial agreements becoming more common, but do you and your future spouse need one?

There can be a stereotype about prenups being offensive, as if you assume your spouse is only out to get your money, but this is not true. In many cases, prenuptial agreements give couples peace of mind. Here are two reasons people sign prenups:

Should you get an annulment instead of a divorce?

When you desire to end your California marriage, you have two options: divorce and annulment. Anyone can get a divorce, but you must meet qualification criteria to get an annulment.

As explained by the California Courts System, the main difference between a divorce and an annulment is that if the judge allows you to annul your marriage, it means that your marriage never existed because it was invalid from its beginning.

How is spousal support calculated in California?

When California residents get a divorce, you'll likely be dealing with spousal support as well. But just what goes into determining the details of spousal support payments? How are these payments calculated, and how is it decided who will pay and who will receive?

The California Courts has a page dedicated to spousal or partner support, which takes a look at these questions. First of all, it should be known that spousal support payments do not go on indefinitely. There are several reasons it can come to an end, including the receiving ex-partner remarrying, the paying ex-partner remarrying, either person gaining or losing a job, or reaching the termination of the payment plan.

How do you get divorced in a same-sex marriage?

As a person who is in a same-sex marriage in California, you will still have to go through proper legal proceedings if you wish to divorce. The Law Offices of Diane J.N. Morin are here to help guide you through what to expect if you want to split from your partner.

On the plus side, the country-wide legalization of same-sex marriage has solved some problems the LGBTQ community faced. Couples no longer had to worry about whether or not your marriage would be considered valid in any given state. Likewise, divorce was also more difficult if you moved to a state that did not acknowledge the marriage.

The factors determining alimony in California

Along with child support, alimony can be a useful tool in helping the lesser-earning spouse remain on his or feet after a divorce. However, spousal support differs from child support in numerous ways. Californians should understand the factors the courts consider when determining alimony.

The Judicial Council of California states that a court case is required for spousal support to be established. This can be a divorce filing, but may also include legal separation or one spouse obtaining a protective order against the other.

How does a collaborative divorce work?

You may wish to avoid the heartache, cost and time of a court battle, so you are looking into amicable divorce methods. You considered mediation, but you and your spouse have too much at stake and a significant amount of conflict, especially when it comes to child custody matters and asset division. However, you are still willing to work things out without the interference of a judge, if possible. Like other Californians considering an uncontested divorce, you might be thinking about collaborative law.

It is important to note that although categorized as uncontested, a collaborative divorce works differently than mediation. During mediation, you and your spouse discuss your issues with a mediator and attempt to negotiate resolutions. Some of these cooperative techniques exist in collaborative law, but you will also involve your own attorneys, as the American Bar Association explains. You, your spouse and each attorney will sign an agreement not to litigate. This may give everyone an incentive to resolve matters outside of court, since your attorneys will need to resign from the case if you cannot agree on solutions without a judge’s assistance.

Husbands may sometimes receive alimony

When men divorce their wives in California, they may not initially consider whether they will need to pay alimony. Some husbands may think that they will be obligated to make these payments. However, men may sometimes be able to receive alimony.

There are a number of factors that affect alimony. According to FindLaw, a court usually considers how long a couple has been married, as well as a family's standard of living. The ages and financial situations of both spouses are also a factor. If a father decided to stay home with the children while his wife works, a court may also consider how much job training or education he would need to be able to support himself.

Law Offices of Diane J.N. Morin
2225 E. Bayshore Rd., Suite 200
Palo Alto, CA 94303-3220

Phone: 650-473-0822
Fax: 650-473-0812
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