The date of a premarital agreement (commonly referred to as a “prenup”) will determine the law applicable to its enforcement and validity. The law related to the validity and enforcement of premarital agreements has changed substantially throughout the past 30 years. Divorce attorneys are frequently asked the question: “Is my…
Articles Posted in Spousal Support
California Alimony Calculation – Fringe Benefits as Income Available for Support
One of the biggest battles in many contested divorce cases is the issue of spousal support (also commonly referred to as alimony) and analysis of California spousal support factors. The most prominent factors a court typically considers when making a spousal support award are the supported spouse’s needs and the…
The Second Wives Club Calls for Spousal Support Reform
Spousal support is an aspect of family law that divorce attorneys frequently answer questions about. In states such as Massachusetts and Florida, second wives are lobbying for spousal support legislation reform regarding “permanent” spousal support (commonly referred to as “alimony”). To clarify, in California, “permanent” spousal support is not a…
New York State Revamps Divorce Laws – is California Next?
Recently, the divorce attorneys at the firm have blogged about proposed changes in divorce laws sweeping the Nation. Legislators in many states throughout the U.S. seem to think that current family law statues have gone stale. Currently, a new bill is awaiting passage in New York State that, if passed,…
California Family Code Failed to Protect Mother Ordered to Support Daughter’s Abuser
Spousal support is an issue commonly litigated in a divorce in San Diego. Carol Abar filed for divorce after sixteen years of marriage, when she learned that her husband had sexually assaulted her daughter. In a hearing on spousal support (commonly referred to as alimony in San Diego), a California…
Divorce and Alimony – Is it the beginning of the end?
Although we are located in California, and primarily represent clients in divorce in San Diego, sometimes family law decisions made in other states are noteworthy. Recently, Florida lawmakers discussed putting a stop to spousal support awards extending beyond half the length of the marriage, even for long term marriages. There…
Is Spousal Support Always Reported as Taxable Income to the Receiving Spouse?
With Tax Day (April 15th) near approaching, both CPAs and divorce attorneys alike are likely receiving an influx phone calls from clients regarding the tax implications of spousal support, often referred to as alimony. Generally, spousal support is considered to be tax-deductible to the spouse who is paying the support.…
George Clinton’s Wife Demands Full Disclosure in Battle Over Spousal Support
Funk music innovator, George Clinton, and his wife of 23 years, Stephanie Clinton, are now amidst a battle over spousal support. TMZ reports that Stephanie is now seeking Clinton pay up and is requesting the court to order both temporary and permanent spousal support. Clinton is reportedly not too pleased…
Celebrity Divorce – Brendan Fraser Fights to Lower his Support Obligations
Brendan Fraser and Afton Smith married in 1998 and divorced nine years later in 2007. At the time of their divorce, Fraser was ordered to pay Smith approximately $900,000 per year for spousal support and child support for their three children. Now, Fraser claims that he can no longer make…
Kanye West Deposed in Kardashian Divorce
The divorce proceedings between reality star Kim Kardashian and athlete Kris Humphries have by far exceed the length of the couple’s 72-day marriage. Recently, Kardashian’s new boyfriend, rapper Kanye West, was deposed by Kris Humphries’ lawyers. During a deposition, the deponent must answer a series of questions while under oath.…