Divorce and Men
The realities of the divorce process vary by gender. Men face a slightly different experience with divorce than women, and there are certain things you should be ready to address as a man filing for divorce. The big terms of divorce can be divided into child custody, child support, alimony, and property division. If you’re a man going through a divorce, the Oceanside divorce lawyers of Fischer & Van Thiel can help represent your interests in court.
Child Custody and Child Support
In most cases, the mother is more likely to receive physical custody of the children following a divorce. If your ex-wife is the biological mother of the children, or you both adopted the children together, it’s likely that she will be the one granted physical custody. There are exceptions, though, notably when there is a history of drug or alcohol dependence, mental problems, or abuse.
However, while your wife is more likely to get physical custody, you are still entitled to legal custody. Legal custody is the right to help make decisions concerning your children’s well-being, namely where they will go to school, how they will be raised, what kind of medical care they will receive.
In all likelihood, if you aren’t granted physical custody of the children, you will be expected to pay child custody payments. This money will go to pay for raising the children, providing clothes, food, shelter, medical attention, and other necessities. Child support is non-taxable, as long as it is described as child support in the divorce documents.
Alimony is spousal support. It is similar to child support, but rather than going towards your children, it goes to the support of your former wife. Unlike child support payments, alimony is taxed; the receiver is expected to list it on their tax returns.
In recent years, alimony has occasionally been granted to husbands whose wives have substantially more income. While this is still rare, depending on the circumstances of your divorce, you may be able to receive alimony from your ex-wife.
Generally, alimony payments are determined by the following conditions:
- The length of the marriage. If it lasted for over 10 years, it’s likely that you will be expected to pay alimony permanently.
- Your level of income.
- Your former wife’s income.
- Your future earning potential in comparison to her’s.
When you get divorced, you are required to divide all marital property. This division is usually left to the divorcing couple, as long as the court deems the division fair and equitable. If you and your wife are having a hard time coming to an agreement about how to divide the property, it can help to engage a divorce lawyer.
If you’re a man facing a divorce, a divorce lawyer can help represent your interests in court. To learn more about divorce law, contact the Oceanside divorce for men lawyers of Fischer & Van Thiel by calling 760-722-7646 today.