San Diego Family Law Blog

As of January 1, spousal support will no longer be tax deductible

In divorce, spousal support is often a point of contention which takes time to negotiate. However, considering the changes in tax law taking effect the first day of 2019, time is of the essence if you want to use your spousal support payments as a tax deduction.

How the new tax laws will affect you after divorce

Spousal support payments will soon be drastically affected since new laws prohibit their deduction on your tax return. With changes to the law entering into the equation, your divorce may look a little different.

When parents are facing the prospect of divorce, they often wonder how their decision to move forward with this process will impact their child. As a California parent, you know you have custody rights and are entitled to access to your kid, but it is in your interests to fully understand how child custody works. There are different types of custody that can affect your role in the life of your child.

Legal custody refers to a parent's right to make decisions for his or her child. This is separate from physical custody rights, which pertain to the actual time you will spend with your child. Whether you will fight for custody in court or you believe it is best to negotiate a settlement out of court, it is smart to think about how you should address the issue of legal custody as you pursue a beneficial custody order.

No one knows better than you what your children need to help them adapt to a new lifestyle following your divorce. While you may rely on close family members or friends for advice or recommendations, the bottom line is that you know your children best and are fully equipped to make decisions on their behalves. It would be nice if divorce were so simple that all you would have to do is create the plan you determine is best for your kids then implement it.  

As you already know, however, there's another parent involved, and the California court also has to approve any parenting plan you wish to carry with you into your post-divorce future. If you and your former spouse get along well and are both willing to cooperate and compromise as needed regarding your children's care, you may have options available to you that other parents don't. For instance, you may choose to try a "bird nesting" custody arrangement. If the idea is new to you, there are support resources available to help.  

There are many reasons why a California couple may choose to end their relationship and still choose to wait to divorce. In many cases, it is not prudent for one party to simply move out, yet living together may no longer be a feasible option. In these cases, it is can be beneficial to understand more about how a legal separation could work.

Legal separation is a formal process for a couple that is currently married but no longer wants to live together. It is not quite a quite a full divorce, but there are many elements of a separation agreement that function much like a divorce. If it is the right choice for you and your spouse, you would benefit from a formally drafted separation agreement in order to protect the interests of both parties.