Kobe Bryant Divorce: How 10 years and a day is going to sting
Aah, Kobe Bryant. He provides endless entertainment both in and on the court. However, it sounds like his most recent problem will be the most costly because he stands to lose half of his fortune. Not only has his wife filed for divorce, but she filed just after crossing the fabled 10-year mark.
One thing that has bothered me about the media coverage of this divorce is how often the press is getting the 10-year rule wrong. Most media outlets conclude that Vanessa will automatically get millions of dollars of alimony for the rest of her life, but this isn’t true. While Vanessa has received some great advice from her lawyer, passing the 10-year mark is not a slam dunk for her. The court must act reasonably and Kobe can still petition to modify the support agreement.
Any amount of money that she will receive must be reasonable both in amount and in time frame. To determine what is reasonable, the court is going to look at many factors listed in Cal. Fam. Code §4320. Some factors include the following:
- earning capacity,
- marketable skills,
- the needs of each party based on the standard of living established during the marriage,
- and the length of marriage.
Length of marriage is important. For marriages that are less than 10 years, the court defaults to a support period of half the length of the marriage. So, if they had been married for eight years, she would receive four years of support. For over 10 years, the court has no such presumption and may order longer periods of support. Typically the initial order by the court will require spousal support until she remarries or dies.
Nevertheless, the ultimate goal is that the supported party be self-supporting within a reasonable period of time, and the law gives the court jurisdiction to modify support if the situation changes. Cal. Fam. Code §4336 provides the court indefinite jurisdiction over the spousal support for marriages lasting over ten years. This does not mean that Kobe will have to pay Vanessa support for the rest of her life. Both parties have the right to petition the court to extend, modify, or terminate her support if her situation changes.
Or course, since they claim that the details of the divorce have already been worked out between the parties, we won’t get to see this process play out in court. But, if negotiations break down, between the allegations of cheating, no prenup, and a longer than 10-year marriage, we could see a very messy court battle
Changed Jobs, Modifying Alimony – Just be Glad you Aren’t in Florida.
Huffington Post ran an interesting article this week about the divorce laws in Florida. The short summary is be glad that you are not getting a divorce in Florida. Between old school judges, indefinite alimony agreements, and orders to keep paying alimony even after you've lost your job, Florida does not sound like a good place to be divorced.
"Ninety-seven percent of alimony payers are men. In rare cases in Florida, when women are ordered to pay alimony, it's invariably short-term.
Walking papers in hand, laid-off workers must return to divorce court, plead for relief in their alimony payments, and hope against hope that it's coming. It helps to show up with a lawyer, and it helps to expect the worst. A judge told a petitioner several years ago that he should have been saving money for alimony in case he lost his job.
For him and other payers, there is no automatic end to or reduction in alimony, even at retirement, even when the payer is disabled or retirement is required, as with airline pilots. Couples divide marital assets, including pensions--or judges divide them, often giving women more than half--and the payer is expected to work forever or use his assets to pay alimony, even though the ex has gotten her fair share."
One advantage that we have in California is that the law is slightly more balanced between the sexes. There is not "the prevailing attitude is that men are sugar daddies and women are helpless." Also, it is almost unheard of to see alimony payments that extend indefinitely.
In fact, the statute that governs calculating alimony has the stated goal "that the supported party shall be self-supporting within a reasonable period of time." Nevertheless, the number of women that receive alimony payments far exceed the number of men.
The biggest mistake that we see with men and alimony is not taking corrective action when your financial situation has changed. If you have lost a job, retired, or seen an increase in medical/living expenses, you have the right to petition the court to adjust your payments. It is a relatively easy process and if you have all your updated financial documents together we can put together a petition in a brief time. However, the court won't do it retroactively, as soon as you've had a change you need to be in court asking for an alimony modification. Too many men come into our office after months of being unemployed asking for help and unfortunately, our options are limited.
If are facing an unbearable burden from your monthly alimony payments, remember that there are people out there to help you. Goldberg Jones has made a name for itself by protecting the rights of the Men of San Diego County. If you have any questions about modifying your alimony payments, give us a call and we'll answer your questions for free.