Category Archives: Spousal Support

Step Down Orders for Spousal Support

In re Marriage of Ackerman involved the imputation of income to one spouse. FACTUAL BACKGROUND OF THE DISSOLUTION The parties were married for more than 10 years and had two children together. At the time of the divorce, the husband … Continue reading

Posted in Spousal Support | Leave a comment

Severance Pay After Ostler & Smith Orders

The definition of income and when support should be paid can become convoluted. The basic issue in In Re Marriage of Samson was whether severance pay was payable in one month or over a year. FACTUAL BACKGROUND OF THE MODIFICATION … Continue reading

Posted in Spousal Support | Leave a comment

Business Owners Cannot Transfer Their Businesses in Order to Terminate Support

In re Marriage of Berman concerned the issue of spousal support and whether a person who is at retirement age can give his business to his new  business partner and spouse and stop paying spousal support. FACTUAL BACKGROUND OF THE … Continue reading

Posted in Modification, Spousal Support | Leave a comment

Can Business Capital be Considered Income in Consideration of Spousal Support?

If the spouses in a divorce own a business, the court can exclude from income any capital that will be used to re-invest in the business (In Re: Marriage of Blazer). FACTUAL BACKGROUND OF THE DIVORCE PROCEEDINGS The parties were … Continue reading

Posted in Income, Spousal Support | Leave a comment

Waivers in Spousal Support in Prenuptial Agreements Made Before 1985

During the last forty years, the concept of spousal support and whether or not it can be waived in a prenuptial agreement has undergone significant changes. If parties agreed to a waiver of spousal support in a prenuptial agreement as … Continue reading

Posted in Spousal Support, Waiver | Leave a comment

Post Judgment Vocational Exams

In re Marriage of Stupp v. Schilders involved a post-judgment request for a vocational examination for the ex-wife. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR A VOCATIONAL EXAM By the time the ex-wife filed this appeal, the parties were … Continue reading

Posted in Child Support, Spousal Support | Tagged | Leave a comment

Spousal Support After Judgment

Ostrander v. Ostrander was an unusual factual situation whereby the parties were divorced and five years after the divorce, the wife requested spousal support even though she had never received any spousal support. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER … Continue reading

Posted in Spousal Support | Leave a comment

Retirement and Spousal Support

In re Marriage of Mclain is a spousal support case. This case is unique, because the supported spouse–the spouse being paid spousal support–was retired even though she worked part time. The husband in the case argued that she should be … Continue reading

Posted in Spousal Support | Leave a comment

Remarriage and Spousal Support in Orange County

In re Marriage of Cohen involved a non-modification of spousal support clause in an Orange County post-divorce proceeding. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER TO TERMINATE SPOUSAL SUPPORT At the time of the divorce, the parties were married for … Continue reading

Posted in Spousal Support | Tagged | Leave a comment

Modification of Spousal Support in Orange County.

The issue in In re Marriage of Khera and Sameer was whether or not spousal support can be adjusted upward without a showing of a change in circumstances after a judgment has been entered. FACTUAL BACKGROUND FOR THE MODIFICATION OF … Continue reading

Posted in Modification, Spousal Support | Leave a comment