Recently in Spousal Support Category

Twilight's Nikki Reed and Paul McDonald to Divorce

April 4, 2014, by David P. Schwarz

Nikki Reed and Paul McDonald have called it quits and are going to divorce.

"After much consideration, Nikki Reed and Paul McDonald are ending their marriage. They have been living separately for the past six months due to work obligations," says a rep for the actress.

"They will continue to share their love of music, and are still working on their debut album, I'm Not Falling, releasing in 2014. They remain best friends and look forward to their continued journey together."

The Twilight star and the American Idol musician married in October 2011.

From a Costa Mesa Divorce Lawyer's perspective, since the couple were only married a short time (less than 5 years), the recipient of support will receive spousal support for one half of the length of the marriage.

Further, since the couple do not have any minor children together, no child custody or child visitation issues need be addressed.

Contact a Costa Mesa Divorce attorney today for help!

Ashton and Demi Settle Los Angeles County Divorce

November 27, 2013, by David P. Schwarz

Hollywood actors, Ashton Kutcher and Demi Moore have finally settled their divorce.

According to reports, neither party will pay the other any spousal support. Media reports state that Demi was attempting to get spousal support because Kutcher allegedly cheated on her. However, cheating during the marriage is not a grounds to get spousal support. In fact, in California, Family Code section 4320 outlines the factors the court will use at the time of trial when ordering payment of spousal support:

In ordering spousal support under this part, the court shall consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
(2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
(c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living established during the marriage.
(e) The obligations and assets, including the separate property, of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
(h) The age and health of the parties.
(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.
(n) Any other factors the court determines are just and equitable.

Contact a Santa Ana divorce lawyer for more information on filing in Orange County or Los Angeles County.

Dina Eastwood files for divorce from Clint Eastwood

November 6, 2013, by David P. Schwarz

Clint Eastwood's wife, DIna Eastwood, has filed for divorce.

Dina Eastwood, a 48-year-old former TV news anchor, cited "irreconcilable differences" with Eastwood, 83, in a divorce petition filed in a Monterey County, California, court Tuesday.

She filed separation papers last month but withdrew them days later.
Us Weekly quoted Dina Eastwood saying that while she's still close with Eastwood, they broke up more than a year ago and have been living apart "for some time."

They married on March 31, 1996, and their daughter, Morgan, now 16, was born on December of that year.

Both Dina and Morgan were featured along with Eastwood's other daughter, Francesca, on the E! reality show "Mrs. Eastwood and Company," which premiered last year.
He has been married once before, to Maggie Johnson. He's had eight children total by six women.

The divorce petition asks the court to award her spousal support and physical custody of Morgan, although she is offering to be awarded joint legal custody.

From a Costa Mesa divorce lawyer's perspective, since the parties were married for over ten years, this is considered a long term marriage. Unless a prenuptial agreement is in place, Dina will be entitled to some spousal support, which will likely be a hefty amount given the parties' wealth. Additionally, the court will likely keep jurisdiction over the issue of spousal support indefinitely since this is a marriage of long duration.

Contact a Costa Mesa divorce and alimony lawyer for more information immediately.

Ex-husband who raped stepdaughter wants spousal support

May 20, 2013, by David P. Schwarz

A Los Angeles area man is requesting that his ex-wife to resume spousal support payments now that he's served jail time for raping her daughter, KCAL-TV reports.

Ed Abar wants Carol Abar to resume $1,300-a-month payments he had been receiving until he pleaded guilty last year to one of five counts of rape to avoid a harsher sentence. He is also seeking $33,000 he says she owes in past-due support because a judge stopped the checks while he served more than a year in jail.

Carol Abar, of Corona, had already paid him $22,000 by the time he struck his plea deal.

The Abars married in 1991. Her daughter, who asked to remain anonymous, told her mother that her stepfather first raped her when she was 9 years old and continued the sexual abuse for 16 years.

"He had threatened me that he would kill my mom, he would kill my stepbrothers, he would kill me," her daughter told the station.

Carol Abar then divorced him, but was ordered to pay spousal support because she earned more. KCAL did not say what type of work she does.

Now, Ed Abar wants the checks to resume.

"Under the law, he is entitled to some relief from the higher income producing spouse, so that the marital standard of living can be maintained," said his lawyer, Sherry Collins.

Carol Abar said the law makes no sense.

"He victimized a little girl all these years and I have to pay him for that behavior," she said.

Contact an Orange County divorce lawyer for help on any spousal support issues.

Source: USA Today: Ex husband who raped step daughter wants more alimony

Dwyane Wade pays Spousal Support

May 8, 2013, by David P. Schwarz

Miami Heat superstar Dwyane Wade has done his best to keep the details of his divorce hush-hush, but some numbers popped up in court papers recently filed in Miami-Dade County.

Wade, 31, is paying ex-wife Siohvaughn Funches-Wade a whopping $25,000 per month in spousal support.

That's in addition to her living and travel expenses, estimated at $10,000 a month.

Oh, yes. There was that little $1 million lump sum payment when the divorce became final last year.

And that's just a down payment.

The paperwork, filed under a variation of Wade's name to make it harder for the public to see it, appeared in response to the ex-wife's request to see her two boys more.

She accuses Wade, who has custody, of making it hard for her to hang with sons Zaire and Zion every other weekend.

Funches-Wade says 11-year-old Zaire's participation with a Miami basketball team that travels to games out of town interferes with her visits.

"A parent's right to see a child takes precedent over basketball," said Lisa Macci, Funches-Wade's attorney. "She traveled to Miami recently to see her children but was told when she got here that her older son was playing basketball in Detroit. If the mother had done that, the father would be screaming parental alienation."

While the Wades' divorce is final, the Miami case shows there are still problems between the two.

In their native Chicago, a trial is scheduled for early July to determine the distribution of marital assets.

From an Orange County Divorce Lawyer's perspective, a spouse is entitled to spousal support upon a divorce. For a short term marriage (10 years or less), the duration of spousal support is 1/2 the length of the marriage. For long terms marriages of 10 years or more, the court can maintain jurisdiction over spousal support. Contact an Orange County Divorce lawyer for help.

Source: Miami Heat's Dwyane Wade paying $25,000 a month in alimony

Florida lawmakers move to end permanent alimony

May 3, 2013, by David P. Schwarz

Florida could become one of the first states in the country to overhaul the alimony system by ending life-long payments and allowing judges to change existing deals -- if Gov. Rick Scott signs the controversial legislation.

The Republican-led effort, which critics call "anti-woman," passed the Legislature last week and now sits on Scott's desk. If signed, Florida would follow Massachusetts in reining in alimony laws, which often require a spouse to pay until death. Massachusetts in 2011 became the only state to enact such legislation -- but other states are now considering similar bills.

Florida Republican Rep. Ritch Workman said he sponsored the legislation in his state because he saw the need for better guidelines in awarding alimony payments.
He has support from female Republicans in the chamber and at least one female Democrat, Rep. Katie Edwards from South Florida. Among the provisions, the legislation would generally bar payments from lasting more than half the duration of a marriage and impose benefit caps based on salary. The bill also would allow courts to adjust some existing alimony deals and require judges to give divorced parents, under most circumstances, equal child custody.

However, the legislation has been met with criticism from women, Democratic lawmakers and family court lawyers, who are expected to appeal to the governor to reject the bill.
State Rep. Cynthia Stafford, a Miami Democrat, called the bill "one-sided, anti-woman and mean-spirited."

Carin Porras, a Fort Lauderdale attorney and chairwoman of the Family Law Section of the Florida Bar, told The Miami Herald the legislation is "not in the best interest of children and families."

But other states are following both Massachusetts and Florida. Supporters in roughly 20 other states are considering similar efforts, Steve Hitner, co-founder of Massachusetts Alimony Reform, told FoxNews.com.

The Massachusetts law included two major changes: Those receiving alimony can no longer tap into the paychecks of their ex-spouse's new husband or wife and payments are now limited based on the length of marriage.

Shorter marriages essentially result in fewer payments and alimony ends at retirement age for marriages lasting more than 20 years.
Hitner said the effort is really about allowing people to retire in a reasonable way.
"The average guy with an alimony payment couldn't retire," said Hitner, who is divorced. "And I was getting calls from (soon-to-be) second wives ready to cancel their weddings" out of concern that an ex-wife could cut into their paychecks.
He said change is slow because those who pay are embarrassed, but open discussion by him and others has resulted in more open support for such legislation. Women can be saddled with sizable alimony payments too.
The new concern, Hitner said, is some judges aren't enforcing the changes.
He also said alimony reform in Florida, with so many retirees, is really "an issue of the elderly" and that he is talking to people interested in reform legislation in such states as Connecticut, New Jersey and South Carolina.
"People are coming out of the woodwork now," Hitner said.

Source: Florida lawmakers move to end permanent alimony, as governor weighs legislation

Spousal Support issues for former NFL player, Kordell Stewart

April 26, 2013, by David P. Schwarz

Kordell Stewart is reportedly reluctant to pay his estranged wife Porsha spousal support, but some critics believe that he may have no choice because the pair allegedly never signed a prenuptial agreement.

The former NFL player, 40, abruptly filed for divorce from the reality TV star after almost two years of marriage Friday. He reportedly explained his stance on spousal support.

"[She's] an able-bodied person, earning income and is capable of supporting herself," Kordell reportedly told TMZ.

The pair could be headed for a nasty divorce battle as Porsha, 31, confirmed Tuesday that she was blindsided and "disappointed" by Kordell's divorce filing.

From an Orange County divorce lawyer's perspective, here in California, the award of spousal support from one person to the other is based on numerous issues including, the age of the recipient spouse, the health and education of the parties, among other factors.

To assess whether you will have to pay spousal support, please contact an Orange County divorce lawyer.

Source: Kordell Stewart Refusing to Pay Spousal Support

Reduction in Spousal Support for Florida Ex-Wife

April 19, 2013, by David P. Schwarz

A month after their 2008 divorce case was filed in Pinellas County, Fla., Terry Power offered to pay his wife of nearly 20 years $5,400 per month in alimony until he retired, and $50,000 in cash.

He also was willing to give Murielle Marie Helene Fournier half of the contents of their opulent home; it was upside down, so they had no equity in it, the Tampa Bay Times reports.

Both in their 50s, the two were used to living an upscale lifestyle. But Power's $250,000-a-year business wasn't doing well, and while he and Fournier spent nearly five years litigating what the newspaper describes as a "divorce from hell," some $400,000 went to attorney and expert fees.

Initially cooperative, Power became more angry and resistant the longer the process continued. After enduring the litigation tactics employed by his wife's lawyers and watching the costs of the case mount, he began representing himself and used some of the same tactics. He also went further, defying court orders and refused to pay bills he said he didn't have the money to satisfy. At one point, Fournier told a Times reporter, she went for weeks without running water at home, because it had been shut off.

Judges in theory had the power to enforce their orders, but often didn't take decisive action as the hard-fought case dragged on, the newspaper recounts. (Threatened at one point with a 30-day jail term if he didn't ante up, Power paid what was required.) The court system also appeared unable to deal effectively with a situation in which much the same arguments were, seemingly, made again and again without resolution.

"I'm trapped in the system, I can never break out. It's like Groundhog Day," Power told the newspaper at one point, referring to the movie in which Bill Murray's character relives the same 24-hour period again and again.

In November, a decision arrived in Power's mail from the judge--the fourth to preside over the case. It awarded Fournier $1,500 per month in permanent alimony. However, Fournier would have to make a $525 per month child support payment to Power, resulting in an effective alimony amount of just under $1,000, in the immediate future.

Both Fournier and Power told the newspaper the legal system had failed them. Power, saying he was working to get his business back in the black, planned to contest the $87,000 he owed in back alimony. Fournier, who reportedly had turned down his initial $5,400-a-month alimony offer because her legal counsel had told her she could do better, was bitter.

"The thing is, right now Terry's living very, very well, and I have no money," she told the newspaper. "He was able to do whatever he wanted with this system...he got angrier and angrier, and it got out of control. If you look at Terry, he didn't follow I don't know how many orders, and he was never held accountable."

For more information on filing for a divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer.

Source: Divorce from Hell began with $5,400 alimony offer, ended with $1,500 installments

Rich Man to pay $4 million in alimony, spousal support

January 2, 2013, by David P. Schwarz

AC Milan owner and former Italian Prime Minister Silvio Berlusconi -- who split with second wife Veronica Lario in 2009 -- has been ordered to pay his ex-wife $4.0 million per month in alimony or spousal support, the Associated Press reports.

According to the settlement paperwork filed Tuesday, Berlusconi will walk away with the couple's Villa Belvedere estate located near Milan.

Lario announced she was leaving the Italian politician in 2009 after he attended the 18th birthday party of an aspiring model.

"I am convinced that at this point it would be more dignified to stop here," Lario said after learning about the incident. "I cannot stay with a man who frequents minors."

The ex-couple -- who married in 1990 -- have three adult children together.

This was the second marriage for Berlusconi, who was previously married to Carla Dall'Oglio from 1965 to 1985.

For individuals who are extremely wealthy like Berlusconi, the courts will usually deviate from guideline when awarding spousal support (or child support) for that matter. Typically, the supported spouse has likely lived an extravagant lifestyle and the courts will want to make sure she/he is able to maintain that type of lifestyle after divorce so long as the payor contribute.

Contact a Santa Ana divorce lawyer for immediate help on filing for a divorce in Orange County or Los Angeles County.

Source: Silvio Berlusconi to Pay $4 Million per month in Alimony

Los Angeles County Divorce for Ashton Kutcher and Demi Moore

December 28, 2012, by David P. Schwarz

After being separated for over a year, Ashton Kutcher is finally pulling the plug on his marriage to actress, Demi Moore. The couple were married for 7 years and do not have any children together.

Kutcher's filing does not indicate that the couple has a prenuptial agreement. If that is the case, from an Irvine family lawyer's perspective and according to California community property law, all property acquired by the parties during the marriage will be split equally.

Additionally, since the couple was married for 7 years, the higher wage earner will have to pay the other spouse spousal support for one-half of the length of the marriage.

Since the couple do not have any children together, issues relating to child custody and visitation are not applicable in this situation.

For more information on filing for divorce in Orange County or its surrounding cities (Irvine divorce lawyer, Huntington Beach divorce lawyer, Costa Mesa divorce lawyer, Anaheim divorce lawyer, Garden Grove divorce lawyer, Tustin divorce lawyer) contact an Orange County divorce lawyer for help.

Source: Ashton Kutcher files for divorce from Demi Moore

Bethenny Frankel and husband split

December 26, 2012, by David P. Schwarz

Skinnygirl founder, Bethenny Frankel and husband, Jason Hoppy have officially split up. Frankel and Hoppy were married for almost 3 years. They have one minor child, Bryn, who is 2 1/2 years old.

News of their split comes after months of speculation that their relationship was on the rocks. Earlier this summer, the reality TV star, author and talk-show host admitted that she was fighting for her marriage, which was filmed for and subsequently documented on her Bravo reality show Bethenny Ever After.

From an Irvine family lawyer's perspective, since the couple were married for only 3 years, unless there is a prenuptial agreement in place, Bethenny will likely have to pay Jason spousal support for one-half of the length of the marriage.

Additionally, the couple will have to resolve issues relating to child support, child custody and visitation considering their daughter is only 2 1/2 years old.

For more information on filing for an Orange County divorce in any of the Orange County cities of Santa Ana, Irvine, Huntington Beach, Costa Mesa, Anaheim or any other surrounding cities, contact an Orange County divorce lawyer immediately.

Source: Bethenny Frankel and Jason Hoppy Split

Money problems slowing down Demi Moore/Ashton Kutcher Divorce

November 5, 2012, by David P. Schwarz

It's been nearly a year since Ashton Kutcher and Demi Moore announced their split and yet neither spouse has officially filed a divorce petition, leaving many people wondering what's taking so long.

According to the New York Post, disagreements regarding the financial terms of the divorce settlement may be to blame for the hold-up.

"Two And A Half Men" star Kutcher was the highest-paid actor on TV last year, raking in some $24 million -- considerably more than Moore. However, he reportedly does not want to give his estranged wife a big pay-out in the divorce settlement. Sources told the New York Post that the couple's lawyers are trying to negotiate the settlement privately to avoid going before a judge in what would no doubt be a very public court dispute.

Moore announced her plans to divorce Kutcher in November 2011, after rumors circulated that he had a one-night stand with a 22-year-old woman in San Diego during the couple's sixth anniversary weekend.

From an Orange County Divorce Lawyer's perspective and according to community property laws, all assets acquired during the marriage is considered community property. Further, anything acquired post-separation, before marriage or gifts are considered separate property.

For purposes of determining spousal support, unless there is a prenuptial agreement in place setting forth what happens in the event of a divorce, each parties' incomes are going to come into play, which means Kutcher's $24 million salary will surely be an issue.

Luckily the couple do not have any children together, otherwise, issues relating to child custody and visitation will also be dealt with.

Regardless, contact an Orange County divorce lawyer for assistance in any divorce, spousal support, child support or child custody matter.

Source: Demi Moore, Ashton Kutcher: Money Is Slowing Down Divorce Proceedings

Divorce for Jessica Simpson's parents

November 1, 2012, by David P. Schwarz

Jessica Simpson's parents, Joe and Tina Simpson, are calling it quits after 34 years of marriage. Rumors are circulating that Joe has turned gay and broke to the news to his family of having a boyfriend. The Simpsons' rep denied the report, telling FoxNews.com: "It is an amicable split and there is no third party involved. Any other related allegations are completely false. The family appreciates your respect for their privacy at this time."

Tina filed for divorce last month in Texas, stating: "The marriage has become insupportable because of discord or conflict of personalities."

In the county where Tina filed, there are strict rules about how divorcing spouses have to behave toward each other during proceedings. If one spouse violates the rules, they could be found in contempt of court.

Joe filed a response to Tina's divorce petition days later, insisting Tina get nothing from the split.

From an Orange County divorce lawyer's perspective, if this case were handled in California, this would be considered a marriage of long duration and Tina would definitely receive some spousal support. In fact, for long term marriages, the court will retain jurisdiction over spousal support.

Additionally, since Joe and Tina Simpson's kids are no longer minors, that's one last issue they have to deal with (custody and visitation).

So, we shall see how the issue of spousal support pans out in this case. The parties will have to deal with property division as well.

Contact an Orange County divorce lawyer for further assistance.

Source: Jessica Simpson's parents had 'marriage of convenience' for some time

Divorce for "Dancing with the Stars" Pros

October 24, 2012, by David P. Schwarz

It's the last dance for "Dancing With the Stars" pros Anna Trebunskaya and Jonathan Roberts: The pair are divorcing after nine years of marriage, People reports.

"We have enjoyed more than a decade of a very loving, loyal and happy relationship, but after much soul searching, we have decided to end our marriage," the couple said in a statement. "We are committed to staying friends and dance partners. We have immense respect for each other as people and performers."

From an Orange County divorce lawyer's perspective, since the couple were only married for nine years, said marriage would not make it to a long term marriage as defined by the State of California. Unless the parties have a prenuptial agreement in place stating otherwise, the recipient of spousal support will receive spousal support for one-half of the length of the marriage.

Further, since the couple do not have any children together, they don't have to deal with any child custody or visitation issues.

If you have any issues relating to divorce, spousal support, contact an Orange County divorce lawyer for assistance.

Source: "Dancing with the Stars" Divorce for Anna Trebunskaya and Jonathan Roberts

Divorce for Danny DeVito and Rhea Perlman

October 12, 2012, by David P. Schwarz

Another celebrity divorce in Hollywood. This time it involves actors Danny DeVito and Rhea Perlman. Rumors are swirling that they couple are divorcing because Perlman could no longer stand DeVito's womanizing. Reports state that the couple have not been happy in "over ten years."

The couple have been married for over thirty years, which is a long-term marriage in California, and they have three children together.

From an Orange County divorce lawyer's perspective, DeVito will likely be paying a hefty amount of spousal support or alimony to his soon to be ex-wife. In California, the courts will retain jurisdiction over spousal support.

The couple will also have to resolve issues pertaining to property division, wherein they will have to decide who will be awarded what community property. They will also have to split up any community property debt incurred during the marriage.

Assuming their three children are not minors, the issues of child custody and visitation do not have to be dealt with in this case.

Hiring an experienced and aggressive Orange County divorce lawyer is essential in working out the details of any California divorce. Contact an Orange County divorce lawyer for immediate help.

Source: Danny, DeVito, Rhea Perlman Split because of his womanizing ways