Divorce Rules

Spousal Support after Divorces

Posted by on Apr 19, 2016 in Uncategorized | 0 comments

Fifty-year-old Emmy-award winning film and television director Alex Graves and his ex-wife Sarah recently have finally agreed on a divorce settlement: half of his income from all his television shows, which would be a high sum, considering that Graves boasts two Emmy wins for The West Wing and Game of Thrones, an adaptation of 67-year-old author George Raymond Richard Martin’s best-selling book series A Song of Ice and Fire.

Graves also directed the comedies The Practice, Ally McBeal, and Shameless, and the science fiction series Fringe.

On top of that, Graves has to pay Sarah $8,625 each month in alimony, which will have an additional if he earns more than $425,000 in a year.

Graves and Sarah will share custody of their two children, with Graves paying $5,657 per month in child support.

According to the website of the Maynard Law Firm, PLLC, a spouse or domestic partner can ask the courts to order his or her spouse or domestic partner to provide him or her with spousal support in case of a divorce, legal separation, or annulment or a domestic violence restraining order. If the spousal support is ordered during the deliberation of the case, it is called a “temporary spousal support order” or a “temporary partner support order”.

As discussed on the California Courts website, factors that influence the amount of spousal support that a judge may order include the length of the marriage or domestic partnership; what each person needs based on the standard of living that they had during the marriage or domestic partnership; whether forcing the plaintiff to get a job to pay for his or her daily expenses would affect child-rearing; the age and health of both people; debts and assets; whether one spouse or domestic partner helped the other get education, training, career, or professional license; and whether domestic violence existed during the marriage or domestic partnership, among others.

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The Rationale behind Legal Separation

Posted by on Mar 8, 2014 in Uncategorized | 1 comment

In these days of no fault divorces or simply living apart without changing the legal status quo, filing for a legal separation may seem to be an unnecessary expense. There are processes that need to followed to make a separation, well, legal, and that always means money will change hands if only for the filing fee for the simplest of marriages with no property and no kids. If it is going to end up in divorce or reconciliation anyway, why bother with a legal separation?

Legal separation is more than a formality. It can be used to stabilize the important aspects of a marriage in trouble, which is why it already addresses issues such as child support, child custody and visitation, and property division. In most cases, a separation is in the nature of a trial, where the couple takes the time away from each other to decide whether to get a divorce or not. But there is no telling when the separation will finally end in divorce or reconciliation, or if it will end at all. It is perfectly possible for a couple to simply stay legally separated instead of suing for divorce if the issue of remarriage to another person is not in the cards for either spouse.

As pointed out on the website of the Law Office of Kirker Davis, LLP in Austin, even if the marriage is on the rocks, life goes on, money comes in, retirement and pension plans slowly mature, insurance policies take effect, and property gets bought and sold. Without a legal separation agreement establishing the parameters at least of conjugal property, it can be a big mess when the spouses finally decide to divorce or for estate planning when one spouse dies. If a separation is likely to last for more than a few months, it would just make better financial sense to cover the legal bases.

Because legal separation is for all practical purposes a divorce without the final decree, it can be complicated. Both spouses still need the services of a competent divorce or family law attorney to facilitate smooth sailing.

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