Our Family Law Blog

2019 Changes to the Spousal Support Law

For over 70 years, spousal support , otherwise known as “alimony” in some states, was tax-deductible to the paying spouse and counted as taxable income by the receiving spouse. But as of January 1, 2019, all of that was changed under federal law. As of January 1, 2019, spousal support (alimony) is no longer tax-deductible for the paying spouse and receiving spouses no longer count it as taxable ...

What Does It Mean that California is a No Fault Divorce State?

In the United States, there are fault-based divorces and no-fault divorces. With a “fault divorce ,” one spouse is accusing the other spouse of wrongdoing and they are saying that the other spouse’s misconduct led to the demise of the marriage. Fault-based divorces are usually filed on behalf of one of the following grounds: Adultery, Abandonment, Cruel and inhumane treatment, Incarceration in a ...

Can I Disinherit My Spouse?

If you’re reading this, you’re probably wondering: “Is it possible for me to write my spouse out of my will, or can I somehow disinherit them?” This is not an unusual question, especially in Newport Beach and parts of South Orange County where it’s not uncommon for both spouses to bring a significant amount of assets into their marriage. Can you write your spouse out of your will? No, not exactly. ...

Is Spousal Support Guaranteed in California?

Contrary to popular belief, spousal support is not automatic, nor is it guaranteed in a California divorce . If the lower-earning spouse seeks spousal support and the higher-earning spouse fights it, a judge will have to decide whether or not to award it. Spousal support can be awarded during or after a divorce. But if the spouses cannot agree on it, the judge will carefully consider a number of ...