Divorce and Women
Divorce can be a different experience depending on your gender. Partially because of social conventions and partially because of the law, women have certain challenges ahead of them that men don’t, and vice versa. It’s important to know what you’re likely to face during and after your divorce, and the Oceanside divorce attorneys of Fischer & Van Thiel can help represent you through this tumultuous time.
Alimony is a type of support payment that one spouse pays to another. The legal reasoning behind alimony is derived from the implicit contract of a marriage, and the support spouses pledge to one another. Normally, the husband is expected to pay alimony to his ex-wife, although it is becoming less unusual for the reverse to happen. Normally, the amount of alimony following a divorce is based on several criteria, namely:
- How long the marriage lasted. Marriages over 10 years are likely to be granted permanent alimony.
- The amount of money your former spouse makes.
- The amount of money you make.
- The future financial prospects of you and your former spouse. A husband likely to make more money in the coming years will probably be required to pay more money in alimony payments.
Alimony is considered taxable income on the side of the receiver. If you are receiving alimony payments, this income must be listed on your income tax reports.
Child Custody and Child Support
As a general rule, courts tend to favor the mother when determining who will get physical custody. However, if you have a history of alcohol or drug dependency, abusive behavior, or mental illness, your husband will probably stand a much larger chance of being granted sole physical custody.
In most cases, the father will be granted legal custody. Unlike physical custody, legal custody does not mean your former husband will live with the children. Instead, it means that he will continue to have the right to help determine how to raise your children, such as what religion the children are raised in, what schools they attend, etc.
It is common for a non-custodial father to be required to required to pay child support payments, which help provide for the children’s basic needs, such as food, clothing, shelter, and medical care. These child support payments are the children’s fundamental right. This money must go towards the upkeep of the children. Unlike alimony, it is not taxed, as long as it is a monetary payment defined as child support in the terms of the divorce.
The third main thing that must be settled in a divorce is the division of all property which belongs to the married couple. Usually, the couple themselves will have to come to an agreement about what property goes where. This can be a difficult proposition if the divorce is acrimonious. Sometimes, it can be beneficial to have a divorce lawyer help you and your spouse come to a fair and equitable split of the property.
If you’re a woman going through a divorce and you’re worried about securing good terms for you and your children, contact the Oceanside divorce for women lawyers of Fischer & Van Thiel, LLP, by calling 760-904-3094 today.