California Family Law Blog

Gender and finances can affect likelihood of divorce

In California, families may have a wide range of financial arrangements. Some couples may have a primary earner and a stay-at-home parent; in other cases, both partners work at a job outside the home. Despite the advances made over the years in terms of women's achievement in the workplace, many people still expect that in a marriage, the husband will be the higher earner of the pair. These kinds of social expectations can have damaging effects: One study indicates that couples in which the wife earns more than the husband are one-third more likely to divorce.

Of course, there are a number of factors that can lead to the end of a marriage, and this may be less of a negative figure than it suggests. Women in unhappy or even abusive relationships may be more likely to divorce if they are financially independent. The likelihood of divorce may also be linked to the reasons for a financial disparity; in some cases, the lower-earning husband may be long-term unemployed rather than working hard for lower pay or serving as a stay-at-home parent.

California spouses may relate to celebrities who divorced

One thing most California spouses might agree on is that marriage can be quite challenging at times. Whether you've only been living the married life for a year or two or you have been with your spouse for decades, you've likely overcome some tough times in your relationship. You happen to reside in a state where many celebrities live. They often experience serious marital problems too. The only difference is that their stories are often told in public.

That being so, you may relate to numerous issues that many celebrities have experienced in divorce. Then again, if you haven't filed a petition yet, you might be able to avoid certain problems by reading about some of the most contentious and expensive divorces in Hollywood.

Study looks at attitudes toward stay-at-home parents in divorce

In a community property state like California, a stay-at-home parent is entitled to an equal share of the marital assets in a divorce, even if that parent has never worked outside the home. The value of each spouse's contribution may be weighed in deciding how to divide assets. However, it can be difficult to put a monetary amount on the contributions of a stay-at-home parent.

Roughly one-quarter of American mothers with kids 18 or under stay home. However, only 7% of fathers stay at home with the kids. A study that examined attitudes toward a stay-at-home mother in a divorce scenario found that while both men and women recognized the value of being the breadwinner and the caregiver, women awarded more to the mom in the divorce. The scenario gave the same information for the father(breadwinner) and mother(caregiver), but there were six variations in their property, occupations and education. Men tended to appreciate the breadwinner's contributions more highly, but they gave a larger share of the property to the mother if she had more education.

Making a success of co-parenting

The divorce process can be especially difficult for California parents who have kids together. Despite wanting to get on with life, they may face challenges related to co-parenting. There are a few ways that co-parents can make their lives and their children's lives much easier.

One helpful thing to do is to keep the kids out of the middle of the divorce. Unfortunately, some parents put their children in the middle of it unintentionally. After custody and visitation have been established through a formal agreement, co-parents should avoid having their children communicate for them. It's also important that kids feel comfortable sharing the experiences they have in both households.

Assuming a mortgage is a good option for some divorced couples

As roughly half of all marriages in California end in divorce, it's important that couples think about what they'll do if their relationships don't work out. This is especially important in regard to jointly owned real estate.

Many couples purchase homes and take out mortgages that give them cash they can put toward repairs and other things that they need. When they decide to divorce, they have a few choices as to what to do about that mortgage. The spouse who wants to keep the house can pay half of the home's equity to the other spouse. Couples can also opt for the assumption process.

Cryptocurrency emerges as a contentious divorce issue

As cryptocurrency becomes a more popular investment for people in California and across the country, it is also becoming a growing issue in a divorce. Bitcoin was launched in 2009, but the values of cryptocurrencies have soared in recent years as have the different types of coins available on the market. In many cases, cryptocurrency holdings can become a significant factor in high-asset divorces as one of many valuable items of property to be divided. Some people have also alleged that their former spouses are using cryptocurrency technologies to hide assets from family court.

When cryptocurrencies are involved, some divorces may become longer with increased attention necessary to asset investigation and verification. Of course, it is also possible to conclude an amicable divorce that includes a cryptocurrency distribution. However, when spouses are locked in a battle over asset division, cryptocurrencies can play a role. This is especially true for undisclosed or hidden transactions. While some online exchange purchases are easily taxable, other direct purchases can be more difficult to track, especially if the crypto assets are not disclosed to the IRS by the holder.

San Mateo parents and others may benefit from child custody tips

In California and across the country, many parents may currently be facing situations that are similar to yours. In your own San Mateo neighborhood, there may be parents who can relate to the issues you're trying to resolve regarding child custody and other family matters as you navigate the family legal system during divorce proceedings. This state also happens to be home to many celebrities.

While Hollywood may not be your first, logical choice for seeking parenting advice, you might be surprised at some of the worthwhile post-divorce tips some of the town's biggest stars have to offer. In fact, keeping some of these tips in mind may help you avoid stress and complications in your own post-divorce relationship with your co-parent. Then again, it's always good to know where to seek licensed support, if a particular problem arises that you feel ill-equipped to handle on your own.

Divorce finalized for Vanessa and Donald Trump Jr.

After widespread media reports in California and across the country, Donald Trump Jr. and Vanessa Trump confirmed that their divorce had been finalized after pending for a year. In a joint statement released on Feb. 22, the former spouses said that after 13 years of marriage, their divorce had been made official. They also said that they were committed to working together to co-parent their five children.

They said that the agreement for their divorce had been finalized before the end of 2018 with a New York state court and that all legal issues had been resolved. They had been married since 2005, and their children are aged 11, 10, 7, 6 and 4. Initially, the Trumps had announced their separation and divorce in March 2018 although they had already been separated before making the public announcement. They said that they had delayed making their separation known in the interests of their children.

Court concludes that vested stock options are income

The 1st District Court of Appeal overturned previous rulings in a child support modification case brought by a man whose income placed him among top earners in California. The original decision excluded his stock options from income and granted an exemption to Family Code Section 4057(b)(3). That section normally directs courts to base child support amounts on parental income but allows exceptions for people with very high income if the amount would exceed what the children need for support.

On appeal, however, the judge deemed that vested stock options available to a person to sell count as income. Even if the parent chooses not to sell the stock options, their value still represents income regardless of a person's decision to hold onto them until a later time. He based this ruling on a previous decision made by the 4th District Court of Appeal that determined voluntarily deferred salary served as income according to Family Code Section 4058.

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  • The State Bar Of California
  • San Matero County | Bar Association
  • The Bar Association of San Francisco
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