San Mateo California Family Law Blog

The basics of divorce may seem obvious to most people. However, much of what people believe to be fact regarding California family law is more myth than anything else. From child custody to property division, there is no shortage of misinformation.

Fathers play active and important roles in the lives of their children, both before and after divorce. However, even as fathers are increasingly taking on caregiver roles, the myth that mothers are automatically awarded primary custody still persists to this day. Ultimately, child custody comes down to the best interests of a child, which usually means regular involvement from both parents.

Income is often discussed as if it is a straightforward matter that has only one of two approaches -- a regular salary or a paycheck based on worked hours. However, many people in California also earn additional income in the form of things like bonuses, commissions and added perks. This makes dealing with the topic of income during divorce somewhat more complicated.

Although income earned during the course of a marriage is generally considered marital property, it may be appropriate to argue that prepaid bonuses with clawback provisions do not fall under that category. This is applicable for a person who received this type of bonus at the start of his or her employment, and it is still within the time frame for which the funds could be withdrawn. If the money were to be withdrawn after the divorce, it would come exclusively from the employee's asset pool rather than his or her ex's.

Spousal support is a sensitive subject that many people feel very strongly about. Many people agree that alimony is important for spouses who earned less or left the workforce altogether. Others feel that alimony payments are too high or last for too long. In California, a new initiative could significantly change how judges handle this type of post-divorce support.

The new initiative proposes a cap for how long a person may be ordered to pay child support. If this initiative gets onto the ballot and voters approve it, judges would be prevented from ordering spousal support for more than five years after a divorce or a legal separation. The estimated financial impact on both local and state governments is not known.

Popular media likes to portray divorcing women in a single light. Women are often shown viciously going after ex-spouses for money, desperate to squeeze out every last nickel and dime for their own advantages. In reality, this is very rarely the case. When facing a high asset divorce, the average California woman just wants to be certain of her financial security.

Despite the desire to be financially secure, many women do not take the necessary steps to protect their futures. This includes having a firm understanding of current finances. For example, a woman might want to familiarize herself with the household finances, including household income, outgoing bills, debts, investments and more. If a person only understands one or two facets of the household finances, he or she will not be fully equipped to make informed decisions during property discussions.