Category Archives: Alimony
In CA Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court
Business Owners: Why Your Tax Return Doesn’t Dictate Support in California: When Addressing Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court If you own a small business or are divorcing someone who does (or you are in a child support… Read More »
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter For decades, starting a divorce in California meant one spouse had to “sue” the other, creating an adversarial tone from day one. However, as of January 1, 2026, a new, transformative legal pathway—the Joint Petition for Dissolution, Judicial Council (Form FL-700), allows… Read More »
Is a Pension of One Spouse a Community Property Asset in a California Divorce?
I receive questions like this with some frequency: QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement? ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse… Read More »
Learn What Impact Cohabitation Has on Alimony in California Divorces
An Ex Spouse Who Receives Alimony and Begins Cohabiting with a New Partner May Be Providing the Factual Basis for the Payor Ex Spouse to Obtain a Court Order to Modify the Amount of Alimony. What You Need to Know: Navigating the complexities of alimony in California Family Law Courtcan be challenging, especially when new… Read More »
The California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law-I-864 Affidavits of Support
In a case published June 20, 2025, the California Appellate Court Stated that Income Available for Support Must Be Calculated Before Support is Determined Even in Cases Involving I-864 Affidavits of Support California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law (I-864 Affidavits) A recent opinion issued by the California Appellate Court… Read More »
Is Alimony (Spousal Support) Taxable in California?
I am often asked whether alimony is taxable in California. The short answer is YES. Here’s the question I received yesterday. I post it as I believe the answers to the question are helpful. QUESTION: I have a spousal support mutual written agreement that I started receiving payments in 2024 ( entered also that year… Read More »
LA MEDIACIÓN DE DIVORCIO TIENE SENTIDO INCLUSO CON UN CÓNYUGE REACIO
Los abogados litigantes tradicionales y las partes están en roles adversarios. Puedes imaginar que si una empresa demanda a otra por infracción de marca registrada, por ejemplo, el caso comienza como un juego de suma cero con un ganador y un perdedor. Es cierto que la mayoría de los casos se resuelven, pero la mentalidad… Read More »
Does child support increase when you get married because of your spouse’s income?
QUESTION: I plan to marry at the end of the year and my partner is paying child support from California. Is their child support going to go up because of my income or is that not taken into consideration? ANSWER: New spouse income is NOT used to calculate child support-but tax filing status is. This… Read More »
Learn How to Collect Alimony or Child Support Arrears Using Real Propert Liens
Understanding Judgment Liens on Real Estate as a Tool to Collect Spousal Support or Child Support That Is Owed and Has Not Been Paid Summary: Alimony is the more common term in the United States but in California alimony is called spousal support. Under Section 697.320 of the California Code of Civil Procedure, a judgment… Read More »
Learn What to Do If You Have a Prenuptial Agreement and Your Spouse Seeks Temporary Spousal Support Anyway
Question: My Spouse and I executed a Prenuptial Agreement. It included a waiver of spousal support. They have brought a request for orders for temporary spousal support. Is that Allowed? What do I do? Answer: Yes, they can seek temporary spousal support. You should file a request for orders and a motion to bifurcate the… Read More »