Tag: <span>Spousal Maintenance</span>

3 Questions to Ask Yourself Before You File for…

September 22, 2019August 13, 2020
by Angie

If you’re like most people who are considering divorce, you know you need a lot of information to make an informed decision. Before you file for divorce, you need to ask yourself three very important questions – and you have to come up with the right answers before you can make the right choice.

3 Questions to Ask Yourself Before You File for Divorce

Before you file for divorce, ask yourself:

How will a divorce impact me financially?
How will a divorce impact my day-to-day life?
Are there other options?

Let’s take a closer look at each of these so you can make the most informed decision possible. We also recommend consulting with a Stockton divorce lawyer who can explain the divorce process to you and answer all your case-specific questions.

#1. Before You File for Divorce: How will a divorce impact me financially?

There’s no doubt that divorce will have a financial impact on you, your spouse and your kids. However, the impact depends on whether you both work, how much each of you contributed to the marriage, and whether you’re able to continue working the way you did while you were married.

Child Support

When you go through a divorce with children, someone is getting child support – and that means the other party is paying it. The amount of child support that changes hands is largely based on the non-custodial parent’s income, which means that the person who has the children most of the time will most likely be the recipient.

Spousal Maintenance

Alimony might be a possibility in your divorce, too. If your spouse makes less than you (or nothing at all), he or she can ask the court to award spousal maintenance. Likewise, if you’re the lesser-earning spouse, you have every right to ask the court for alimony. Alimony can be temporary (only during your divorce) or it can be more permanent, sometimes lasting for months or even years. However, there’s no way to predict how a judge will rule when it comes to spousal maintenance (unlike child support, which the state of California requires for minor children). You can’t count on receiving or paying it until you have a signed order from the judge.

#2. Before You File for Divorce: How will a divorce impact my day-to-day life?

You may not think divorce will impact your day-to-day life that much, particularly if you and your spouse have been separated or you rarely spend time together. However, if you’re a former stay-at-home mom who hasn’t been to work since you had children, it’s a big prospect – and it can be overwhelming. You’ll have to plan to get a job, find caregivers for your children and, in many cases, change your schedule around to accommodate visitation and your own time with the kids.

You’ll have to plan for these things during the divorce process. Typically, parents address things like childcare while they’re working out a custody agreement. Your attorney can help you make the right plans, too – you don’t have to do it alone.

#3. Before You File for Divorce: Are there other options?

In most cases, divorce isn’t your only option. (This doesn’t apply to cases of abuse or other significant issues.) You may be able to make other arrangements that suit your family better, such as living apart but still together, or filing for a legal separation but stopping short of divorce. You may also be able to attend marital counseling with a licensed therapist or talk to someone you trust about the issues you’re experiencing in your marriage. If both parties are willing to work at it, it’s possible to repair a marriage that first appeared beyond saving.

Are You Thinking About Divorce?

Often, people think about divorce and try to make rational, logical decisions without having all the facts. If you’re thinking about divorce, it’s usually a good idea to consult with a Stockton divorce attorney who can answer your questions and explain the process to you. Once you’ve talked to an attorney, you’ll fully understand whether it’s an option for you – and you’re under no obligation to actually get a divorce just because you talked to a lawyer.

If you’d like to discuss your options and learn about how divorce might be one of them, call us at (209) 989-4425 or get in touch with us online to talk to a lawyer who can help today. We’ll help you with every question you have about divorce, from child custody and child support to alimony and property division.

Divorce

Typical Alimony Payments: What You Need to Know

March 20, 2018August 14, 2020
by Angie

For many people going through a divorce in Stockton, there’s a very important question: What are typical alimony payments in California, and how long will I receive or make them?

Because alimony varies – both in amount and duration – in every divorce case, there’s no one-size-fits-all answer to that question. However, you can get a good idea about what your typical alimony payments will look like (whether you’re on the paying end or the receiving end) by talking to an attorney who can evaluate all the circumstances in your case. You can also get a ballpark idea by understanding the rules judges use to settle on an amount.

If you and your soon-to-be ex-spouse agree on alimony (also called spousal support), and if the judge finds that it’s fair in your case, you don’t need to worry about calculators or complicated figures – the judge will most likely sign off on your agreement.

How Judges Determine Typical Alimony Payments

Barring any special circumstances, your judge will evaluate several factors to determine how much you’ll pay or receive in spousal support, such as:

How long you were married
How much you need based on the standard of living you had during your marriage
How much each spouse is capable of paying toward their own standard of living
Whether getting a job would make it too hard to care for your children
How old and how healthy each of you are
How much debt you have
How much property you have
Whether there was domestic violence in your marriage
Whether one spouse helped the other obtain an education, training, career or professional license
What kind of tax impact alimony will have on each of you

The length of spousal support – how long the money will change hands – varies on a case-by-case basis. Generally, typical alimony payments last for half the length of a marriage that was less than ten years. (So if you were married for eight years, the courts will generally allow alimony for about four years; again, though, every case is different.)

Sometimes, in longer-term marriages lasting more than ten years, the courts don’t put an end date on alimony. Instead, they leave it to the paying spouse to prove later that spousal support is no longer necessary.

What Can You Expect in Court?

Your attorney can give you specific guidance based on how much you and your spouse earn, whether one of you doesn’t work and doesn’t intend to work, and what you can each contribute to your own standard of living. If you’re struggling right now because you’re not receiving money from your spouse – or if you’re struggling because you’re giving your spouse money before being ordered to pay alimony – talking to an attorney can help you figure out what to do next.

Do You Need to Talk to a Stockton Divorce Lawyer About Typical Alimony Payments?

Call us right away at 209-910-9865 to schedule a consultation with a Stockton divorce attorney who understands California’s alimony laws and the factors judges must consider when awarding payments. We’ll be able to help you.

Divorce

Uncontested Divorce in California

November 28, 2017January 17, 2019
by Angie

If you’re like many people, you’ve heard that there are two types of divorces: Contested and uncontested.

But what is uncontested divorce in California, and why does it matter?

What is Uncontested Divorce in California?

An uncontested divorce is one in which you and your spouse don’t fight in court – you come to a resolution on your own.

If you and your spouse have an uncontested divorce, it means that you have agreed on (or you have not disagreed on):

How to handle your property
What to do about your joint debts
Child custody and other parenting issues
Whether one of you will receive spousal support

In an uncontested divorce, you may not even need to have the court hear your case. You and your spouse, along with your Stockton divorce attorneys, can handle everything without appearing in court.

How Common Are Uncontested Divorces?

Uncontested divorces are fairly common in California – but they don’t always start out that way. In fact, many couples who don’t agree on much (or anything at all) find that after some time has passed, it’s a wiser choice to reach agreements on their own, with or without the help of a mediator. Sometimes the two spouses involved in a contentious divorce decide that it costs too much in legal fees, or realize that the divorce is dragging on for months waiting for a court date; in other cases, the couple realizes that if they don’t eventually agree, the judge will have to decide for them and they may not be happy with the outcome.

How to Handle Property and Debts in an Uncontested Divorce

You and your spouse may be able to negotiate who gets which property and what debts you’re each responsible for paying. If you can reach an agreement, the court will generally accept it – provided that it’s fair and equitable to both of you.

Property you brought into the marriage, or property that came to you through certain means (such as an inheritance) may belong to only you. It’s best if you talk to your attorney about how you and your spouse intend to divide your property before you make any commitments.

Child Custody and Parenting Issues in an Uncontested Divorce

The court will generally determine the amount of child support that changes hands during a contested divorce, but in an uncontested one, parents can agree to a fair amount of child support if the support is actually enough to meet the children’s needs and they:

Know their child support rights
Know how much California guidelines say they are entitled to receive
Aren’t on public assistance and have not applied for public assistance
Aren’t pressured or forced to agree to it
Believe that the amount is in the children’s best interests
Have a judge approve the amount of the payments

Spousal Support in an Uncontested Divorce

If you and your spouse agree to a fair amount of spousal support, the judge may sign off on it. Again, it’s best to talk to your attorney about spousal support if you plan to work out your own agreement with your ex, whether you’ll be the one paying it or the one receiving it.

Do You Need to Talk to a Divorce Lawyer in Stockton?

We welcome the opportunity to answer your questions about mediation and divorce-related issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

Protecting Assets From Divorce: 7 Tips to Safeguard Your…

November 21, 2017January 17, 2019
by Angie

In many divorces, the primary focus isn’t who did what or which party sacrificed the most. Instead, it boils down to one thing: Assets.

Even if your divorce is about more than assets, you need to know how to protect what you have – and avoid losing things to your spouse when you don’t have to. That’s not to say that you shouldn’t collaborate or work with your ex to have a successful divorce. You absolutely should… but you should also protect your assets from divorce.

7 Tips for Protecting Assets From Divorce

Protecting your assets from divorce can help you set yourself up for a successful future – a post-divorce life that isn’t unnecessarily difficult.

These seven tips can help protect your assets from divorce:

Stop fighting and negotiate
Put money aside
Keep track of money you brought into the marriage
Don’t give up pension and retirement accounts
Don’t rely on permanent spousal maintenance (alimony)
Ask for health benefits
Work with a tax professional immediately

1. Stop Fighting and Negotiate

Fighting with your spouse isn’t likely to get you a successful outcome. Instead, it leads to a more time-consuming divorce. The more you fight, the angrier you’ll both become – and nobody is going to budge. You’ll have to go to court to duke it out, and you’ll force the judge to make important decisions for you.

All of this costs money – and in the vast majority of cases, it’s money you don’t have to spend.

2. Put Money Aside

If your spouse blindsided you with news of the divorce, he or she has probably already stashed away enough cash to last a while. You haven’t had the same luxury, but it’s not too late. It’s always smart to tuck away a little separate cash during a marriage; however, if you didn’t, see if you have room in your budget to set aside 10 percent of what you bring in as an emergency stockpile. (Even 5 percent makes a difference over time, so do what you can!)

3. Keep Track of Money You Brought Into the Marriage

If you didn’t sign a prenuptial agreement, that’s okay. Focus on what you brought into the marriage or what you received during the marriage that’s only yours. That can include inheritances, property you owned, and personal savings you had before you married. Did your money finance a family business or your ex-spouse’s education? Let your lawyer know what happened to the cash and other assets you contributed while you were married so she can help divide it accurately.

4. Don’t Give Up Pension and Retirement Accounts

During most divorces, individual retirement accounts (IRAs) and pensions are on the chopping block for division. However, they don’t always have to be divided in half. Your Stockton divorce attorney will give you case-specific advice on IRAs and pensions.

5. Don’t Rely on Permanent Spousal Maintenance

In some cases, you can expect to receive spousal maintenance from your ex. What you can’t expect is that it will be a certain amount or last for a certain period of time – at least until the judge has ruled. You can’t count on permanent spousal maintenance as part of your future budgeting. In fact, you may not want to count on it at all; in many cases, alimony isn’t enough to support your current standard of living.

Typically, judges expect people who can go out and earn a living to do exactly that. That means your spousal maintenance isn’t likely to last as long as you want it to – and the judge might award you less than you want, too.

6. Ask for Health Benefits

Health insurance can get very expensive, very quickly. If your spouse carried you on his or her insurance during your marriage, ask if you can stay on the plan (even if you have to pay for it). Sometimes, ex-spouses can stay on a plan for up to 3 years. The catch is that you have to apply within 60 days of your divorce to get these benefits.

7. Work With a Tax Professional and a Financial Planner Immediately

While it’s one thing to create your own budget and try to figure out how much money you’ll need to live on as a newly single person, it’s another to have an accurate picture of what your financial future holds. For most people, it makes sense to work with a financial planner who can give you that picture. The same is true with taxes; a tax professional can tell you how much a proposed settlement will be worth after taxes – and how you can deduct alimony payments or take advantage of childcare tax credits to save money in the future.

Do You Need to Talk to a Divorce Lawyer About Protecting Your Assets From Divorce?

If you’re divorcing, we can help. Call us right away at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

Divorce and Property Settlement: 5 Tips to Negotiate With…

February 27, 2017March 24, 2020
by Anna Maples

When you go through a divorce in California, you’ll have to go through several steps — and one of them is creating a divorce property settlement. Here’s how to negotiate during divorce so you can reach a fair, reasonable outcome.

How to Negotiate During Divorce

If you’re like most people, you have no idea how to negotiate during divorce. That’s okay, because you probably haven’t been through it before.

However, before we get into how to negotiate, we need to cover:

What is a property settlement?
Whether you have to settle on debt
Divorce property settlement laws in California

What is a Property Settlement in Divorce?

California is a community property state. That means the property you acquire (beginning on the day you marry and ending on the day your marriage ends) is supposed to be divided equally between you when you divorce.

A property settlement agreement is the agreement you and your spouse reach to divide your property equally and fairly. Equal doesn’t always mean 50-50, though. It can mean that you each get your own vehicle, even if one is valued more highly than the other, and for the most part, the courts will take into account whether you feel the agreement is fair and equitable.

Does a Divorce Settlement Agreement Include Debt?

A divorce settlement agreement does include debt. All of the debt you incur while you’re married is considered community property; you’re both responsible for it.

Divorce Property Settlement Laws in California

In many cases, divorcing couples can figure out a property division arrangement that works for everyone involved.

However, if you and your spouse cannot reach an agreement, or if the agreement you reach is obviously skewed unfairly to one side, the Superior Court steps in and splits your property and debt equally.

Now that you’re familiar with the concepts you’ll have to deal with, here’s how to negotiate during divorce.

How to Negotiate During Divorce: 5 Tips to Help You Figure Out Your Divorce Property Settlement

Ideally, you and your spouse will be able to reach an agreement on your own. If you can’t, you’ll force the judge to step in. That can drag out your divorce, and often, couples come out of the courtroom feeling as if they’ve both lost. (Your Stockton divorce and property settlement lawyer will encourage you to reach an agreement with your spouse long before you show up in court because doing so will save you time and money — and you’ll have fewer headaches with the whole ordeal.)

Check out these five tips as you learn how to negotiate during divorce:

Remember that divorce and property division are business transactions.
Be logical and reasonable every step of the way.
Watch for coercive tactics.
Use helpful, rather than harmful, phrases.
Don’t become trapped in predictable scenarios.

#1. Pledge to Look at Your Divorce and Property Division Issues as Business Transactions

When you divorce, you’re dissolving your marriage contract. While that seems like an unfeeling way to look at things, it’s how the law sees it—and your property division is no different. Treating property division as a negotiation process can make things much simpler.

#2. Be Logical and Reasonable

You can’t afford to ignore the “big picture” when you’re negotiating a divorce settlement with your spouse. You don’t have to be adversarial; in fact, looking at a divorce like something you have to win can be counterproductive.

Related: More divorce negotiation tips

#3. Watch for Coercive Tactics

While coercive tactics can be tough to spot, if your spouse is attempting to use them on you, it’s imperative that you stop, back away from the process, and regroup. Coercive tactics that some spouses employ include:

Personal attacks, including insults and implications
Lying or threats
Psychological tricks, such as attempting to get you to feel guilty
Refusal to negotiate
Escalating demands
Planning delays to make things more difficult for you
Withholding money or access to your children

Chances are good that your divorce attorney is going to notice these tactics if your spouse uses them — they’re actually fairly common in adversarial divorces.

#4. Use Helpful Phrases to Encourage Your Spouse to Cooperate

Negotiations come to a grinding halt when one party says, “I’m not going to let you win.”

Remember that in successful negotiations, both parties “win.” When you’re working with your spouse to reach an agreement, try phrases that help the process along, such as:

“Can we go over this again to make sure I understand it correctly?
“Please correct me if I’m wrong, but…”
“My main concern is fairness.”
“Or we could try…”

#5. Don’t Become Trapped in Predictable Scenarios

It’s perfectly normal for divorce negotiations to seep into your emotions. The key, though, is not letting your emotions rule the negotiation process. When your spouse becomes angry or attempts to drag you into a disagreement, step back. Take some time to cool down and let your attorney summarize the issue so you can move forward.

What Should I Ask for in a Divorce Settlement?

If you’re like many people, you’ve heard divorce stories that run the length of the entire spectrum — some people say, “She took everything from me!” while others say, “We had a fair settlement. Actually, maybe I got more than he did.”

So what should you ask for in a divorce settlement?

The answer is simple: Ask for what you need to be reasonably satisfied with the outcome. Remember, too, that the judge is unlikely to sign off on anything that’s patently unfair (to you or your spouse). Don’t ask for the house, the cars, all the furniture, your savings accounts and half your spouse’s retirement — even if you’re pretty sure you deserve all those things.

California is a community property state, which means the assets you and your spouse acquired while you were married belong to both of you. You can make trade-offs, but make sure you’re asking for things you actually want. If you only want the house so you can sell it and pocket the proceeds, you need to know that the courts will expect you to trade something of equal value — and if your spouse would remain in the house with the children, it’s probably not a great idea to try to fight for it.

How Do You Negotiate Spousal Support?

Negotiating spousal support can be one of the most difficult aspects of your divorce. Before you begin negotiations, remember that the judge in your case will only sign off on your agreement if it’s fair to both of you — and if the paying party can reasonably afford it.

When one spouse doesn’t agree that the other needs spousal support, negotiating for it can be incredibly difficult. You may need your attorney to step in. However, if you’re both in agreement that some spousal support should change hands, make sure that you can see things from your spouse’s point of view.

Try these tips to negotiate spousal support:

Stay calm. If either of you becomes upset, negotiations are going to grind to a halt.
Don’t point the finger or make demands. Try saying things like, “I feel upset when you say I’m asking for too much. It’s difficult for me to support myself when I need to go to school to learn marketable skills. I’d like it if you could help me with $X so I can get on my feet.”
Actively listen to what your spouse is saying. That means summarize what he or she is saying and repeat it back so that your spouse knows you’re actually paying attention.
Ask questions to help your spouse collaborate with you. Think about saying things like, “I’m worried about being able to pay a sitter while I’m at school. What are your ideas?”

You don’t have to know exactly how to negotiate during divorce… but you do need to go into it with a positive attitude and be willing to settle for a reasonable outcome. You also have to know that your lawyer is here to help you every step of the way.

Do You Need to Talk to a Lawyer About How to Negotiate During Divorce?

We can help you with your divorce and property settlement agreement. Just call us at 209-910-9865 to tell us what you’re going through. We’ll put together a strategy that gets you the best possible outcome.