Articles Tagged with spousal support

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spousal support for menSpousal support for men. Courts often award spousal support to lesser earning spouses following a divorce. While nearly half a million people in this country receive this maintenance support, only 3% of recipients are male. Why is that?

Why is Spousal Support for Men so Rare?

It seems crazy that such a small percentage of men receive spousal support when roughly 40% of females are the primary breadwinners in American homes. Family law attorneys speculate on key reasons for this imbalance:

  • Men consider it emasculating to require support, so they do not ask for it;
  • Men sometimes want a clean break with no attachments;
  • Some men wish to keep the peace to make co-parenting smoother;
  • Women fight bitterly to keep their hands on their earnings;
  • Judges in parts of the country have a difficult time accepting gender equality.

One San Francisco Bay area legal mind agrees, saying he encounters stereotypes regarding gender roles all the time. A recent divorcee compared palimony to hitting a girl – something no self-respecting man would ever do.

Are Gender Roles Shifting?

As much as gender roles have shifted in modern times, many men find the idea of receiving an allowance from their former spouse humiliating, and they are just not inclined to go through the battle to get it. Meanwhile, women’s attitudes toward paying their ex-husbands reinforce the idea that any man who can not support himself is a real loser. Forget the fact that stay-at-home dads gave up careers and educational opportunities while they ran the kids to soccer games and piano lessons for years. As enlightened as couples might have been when they made those parenting agreements earlier on, suddenly the old stereotypes crop up again when it comes to palimony.  

So, when higher-earning men face divorce, they go into it accepting the fact that alimony may likely be a part of the package. Higher earning women are much less inclined to be willing to let go of their earnings without a fight.

Spousal Support for Men Justified?

Regardless of gender, there are cases in which spousal support is clearly justified. Both partners presumably brought some level of value to the partnership, often at great financial cost to one person. Support is the logical outcome after a divorce.

Spousal Support for Men – California Law

In California, the court has many factors to consider when awarding spousal support, but gender is not one of them. More relevant to maintenance payments are the following issues:

  • Earning capacity of both parties;
  • Education and marketable skills of each party;
  • Earning levels of one party that were diminished due to domestic responsibilities;
  • The degree to which one party supported another in obtaining education or career opportunities;
  • Financial needs required to maintain the standard of living to which the couple has become accustomed;
  • Length of marriage;
  • Ability to pursue gainful employment in light of childcare responsibilities;
  • Age of each person;
  • Health of each party.

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support PaymentsSupport payments in California. Leaving a marriage can be a difficult decision. It is not made any easier by the financial constraints associated with dividing a household. Living separately is obviously going to cost more, and in many cases that means both parties are going to have to adjust the living standards to which they have become accustomed. How are the financial decisions made in California divorce cases? If you are seriously considering divorce, it is time to see an experienced family law attorney.

How are Spousal/Partner Support Payments Calculated?

California Family Code section 4320 lays out specific considerations to factor in when determining how much spousal or partner support payment is appropriate:

  • Time: How long has the marriage or domestic partnership existed?
  • Need: How can each partner best experience an equivalent standard of living?
  • Liabilities: What debts will each partner keep?
  • Assets: Who, if anyone, will stay in the home? What other property is being divvied up?
  • Employment: Will both partners be employed, or will one have primary childcare responsibilities?
  • Previous career advancement: Did one partner support the other through school or licensing programs to propel a career?
  • Training: Will on partner need education or training in order to obtain meaningful employment?
  • Age/Health: Do one or both partners have particular health needs that must be addressed?
  • Domestic Violence: Was there mental or physical abuse in the relationship?
  • Tax Impact: Because tax laws do not recognize domestic partnerships, will tax implications be favorable or unfavorable?

Temporary or Permanent Spousal Support Payments

Temporary support payments may be assigned while a case is pending; judges typically use a formula specific to their own county to make a calculation for the appropriate amount. Once the case is finalized, “permanent” support payments may be ordered based on the factors listed above. Do not be fooled by the term permanent. In this case, it simply means the order becomes valid once the divorce is finalized. It may or may not have time limits.

Changing the Support Payments

Imagine that after the divorce, the person paying support loses a job, or the person receiving support payments inherits a windfall. Either individual may, at some future time, experience a significant change in financial circumstances, prompting a request to change the amount of support. If both partners agree to the changes, a simple stipulation written up and given to the court will result in a new order relatively quickly. On the other hand, if there is a dispute, the individual requesting the change must file a motion with the court. This is something that should be done sooner rather than later, as changes to the order cannot be made retroactively. Continue reading →

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Spousal SupportDetermining Spousal Support. Divorcing couples often have questions regarding the financial obligations of a higher-earning spouse toward a lesser-earning spouse. In some instances, one spouse may not have held gainful employment at all, leaving him or her with potential financial woes were it not for spousal support ordered through the courts. This complex issue requires the consideration of multiple factors. An experienced divorce attorney can help you maneuver the paperwork and pitfalls of this and other matters you will encounter in the course of a divorce.

Factors Considered in Determining Spousal Support

Just how much financial support might the court order, and for what period of time? Factors examined will include:

  • The duration of the marriage/domestic partnership;
  • Necessities required for each person to maintain a similar standard of living;
  • Current and potential earnings of each person;
  • Other obligations, such as child care, that would impact the ability to work;
  • Health issues and age of the individuals divorcing;
  • Assets and debts;
  • Previous support from one spouse to another while getting an education;
  • History of domestic violence;
  • Tax issues.

How Long Will Spousal Support Payments be Ordered?

The courts will look at the above considerations and make a determination as to the amount and duration of payments. Generally speaking, payments will last for at least half as many years as the length of the marriage. Some marriages of lengthy duration may require support payments until the remarriage or death of the receiving spouse.

Changes in Support in Future Years

Either partner may request changes in the amount of support at a future date. There are some basic situations in which this might occur:

  • The financial status of one of the individuals changes significantly, giving the court reason to consider alternative arrangements;
  • The individual receiving support remarries or enters a domestic partnership;
  • The court issued a Gavron Warning during the initial divorce proceedings, indicating that the supported spouse must work toward self-sufficiency within a reasonable period of time, at which time support would be decreased or eliminated.
What if the Person Ordered to Pay Support Fails to do so?

If an individual ignores a court order to pay spousal support, his or her wages could be garnished. As a last resort the payer could be cited for contempt of court, and jailed for that reason.

If Wages are Garnished, can Employers Punish an Employee?

Employers are not allowed to discriminate against employees due to a court ordered garnishment. An individual who experiences retaliation or loses a job under these circumstances may have a legal case against his or her employer. Continue reading →

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