Who Gets the Dog?

Stephanie I. Blum

As of January 1, 2019, the law that governs what happens to the family pet in a divorce changed. Pets had been treated as personal property that could be valued and “divided.” A family’s cat or dog — or iguana for that matter — was treated no different from a lamp. If, for example, a puppy was a gift from wife to husband, the husband would get to keep the pet in the divorce because it was treated as his separate property. It didn’t matter if the wife was the one who fed the dog, bathed the dog, took the dog to the vet, etc. Nor did it matter if the children resided primarily with their mother and were bonded to their dog. The court was not allowed to consider the “best interests” of the pet as it did when making orders for custody of children.

But as of 2019, the law changed. It recognized that pets are more like children than furniture!

Family Code Section 2605 provides that in a divorce the court may assign sole or joint ownership of a pet, taking into consideration the care of the animal. Pets include any animal that is kept in the household (not horses, for example). Notwithstanding if the pet is one party’s separate property, the court has the ability to ignore whether the pet is separate or community property. The family code actually provides the court with a definition of care, which includes, but is not limited to, the provision of food, water, veterinary care and safe and protected shelter.

The court can also make temporary orders for the care of the pet that will be in effect until the divorce is concluded. Those temporary orders shall not have any impact on the court’s final  determination of who ultimately gets to keep the pet. With this new law, the judge now can make orders for both parties to share the dog just as if it were a child. If the parties cannot agree, the court can make orders for a custody schedule or for the parties to share in the right and responsibility to make medical decisions about the pet. Of course, it is always better for a divorcing couple to work out the particulars of their divorce, but if they can’t, now the court can make orders about the time sharing arrangement of the family pet that considers the pet’s best interests.

So just as you would prepare to litigate the custody of children, if you can’t reach an agreement about the pet, you need to prepare to litigate the issue of your pet’s best interest. Maybe that means keeping a log of how often you walked the dog — or stepping up your involvement with the pet if you are the spouse who was less involved. Who took the dog to the vet for shots or scheduled the groomer? Perhaps you need to keep track of how often you or your spouse cuddle with the dog. Maybe it means lining up witnesses who can attest to who cared for the dog most or who the dog is more bonded to.

It is also important to consider how that schedule could change in the future. Do you want to agree that the schedule can be modified if circumstances change? You should also think about making an agreement about how expenses relating to the pet will be divided.  Owning a pet can become quite expensive. If your pup someday needs knee or hip surgery, it can cost thousands of dollars. Who is going to be liable for those expenses?

Additionally, the court has the power to issue restraining orders that include the family pet. The court may order the respondent to stay away from the animal and forbid the respondent from taking, harming, or otherwise disposing of the animal. If you are requesting a domestic violence restraining order against your spouse and you have a family pet, you should seriously consider asking for orders that also protect your pet.

The good news for animal lovers is that the law has evolved to treat pets as family members just as it would children. The bad news, of course, is that who gets the pet is yet another issue in a divorce that can take on a life of its own. This is just another reason why it is important to retain skilled family law counsel to assist you when going through a divorce.

(This article appeared in the March 2024 issue of Living Brentwood)

 

Stephanie Blum Nominated for Inspirational Women Forum and Leadership Awards

Stephanie Blum, Partner and Family Law Attorney at Reuben Raucher & Blum, has been shortlisted for the Inspirational Women Forum and Leadership Awards by the Los Angeles Times B2B Publishing team. This nomination recognizes Stephanie’s exceptional achievements and client-focused approach over the last 24 months.

 

Stephanie’s work in family law is not just about legal expertise and strong, effective advocacy; it’s also about compassion, understanding, and tailored solutions for her clients that truly make a difference in their lives.

 

The finalists and honorees will be announced at a live event at the Beverly Hilton in Beverly Hills on November 7, 2023.

 

LA Times B2B - 2023 Inspirational Women Nominee Stephanie Blum

Stephanie Blum Named Leading Lawyer

Partner Stephanie Blum has been recognized as a “Southern California Leading Lawyer” and profiled in the Los Angeles Times’ Consumer Attorneys of Southern California magazine published by L.A. Times B2B Publishing.  She is distinguished among lawyers who specialize in protecting the rights and interests of individuals, including in interactions with businesses and with family disputes.

 

LA Times Recognizes Stephanie Blum as "Southern California Leading Lawyer"

Spousal Support: Factors That Affect Your Court-Ordered Payment

Stephanie I. Blum

When couples split up, a question often pondered by both husbands and wives is how can I continue to afford my lifestyle. That is especially true in families where one spouse has given up a career to take care of the children and run the household. In California, when the court is asked to determine support, the court will order the higher earning spouse to pay the lesser earning spouse monthly spousal support (historically called alimony). The first question is: how much money will the court order? And will that amount of money change over time and for how long will the spousal support order last? The purpose of spousal support while the parties are going through the divorce is to allow the supported spouse to maintain the status quo, but at the end of the proceeding, the court makes a different order. At that time, the court may order one party to pay for the support of the other party in an amount, for a period for time, that the court determines is “just and reasonable,” taking into a consideration a whole host of circumstances that are outlined in the Family Code.

Those factors to be considered include among them the extent to which the earning capacity of each party is sufficient to maintain the marital standard of living. How much can the payor pay and still have money left over to pay for his/her own living expenses? Also relevant is the marketable skills of the supported party, the job market for those skills, the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills. The supported party is expected to go back to work if possible, so the court may consider the possible need for retraining or education to acquire other more marketable skills or employment. Even though mom, for example, gave up her career to have children, what would be required for her to re-enter the workforce? Would she need to go back to school?

The court is also supposed to consider the extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. The court may take into account if the supported party contributed to the support payor’s attainment of an education, training or career. If wife gave up her promising career in the entertainment business, for example, to support her husband in the attainment of his professional goals, that is supposed to count for something. Of course, the real question is, after the court has considered all the relevant factors, how does it actually arrive at a monthly dollar amount. The answer to that question in California is typically by the use of a computer software program titled Dissomaster that was originally devised to calculate just child support (which is different from and in addition to spousal support). The court inputs certain information including for example, the income of each party (both from earnings as well as investment), the tax filing status of the parties, the amount each party pays for health insurance, if either party owns a home, the mortgage interest and property tax paid relating to same, and the percent of time each parent has custody of the children if relevant. The Dissomaster then magically calculates a dollar amount for both child support and spousal support.

The court is required to order the Dissomaster’s guideline for child support if relevant (i.e., if there are minor children), but as to spousal, the court may rely on that dollar amount only when ordering the temporary spousal support during the divorce proceeding, which can sometimes last for years. However, the court is absolutely not allowed to rely on that computer formula when arriving at the spousal support amount in the final judgment at the end of the divorce process. Then, a judge is supposed to consider all the relevant factors outlined in the Family Code section, as well as any other factors the court determines are just and equitable. Usually, the court’s final spousal support orders are a bit less than the amount ordered at the temporary stage. And, of course, the next question is, how long will the spousal support last. That typically depends upon the length of the marriage. If the duration of the marriage is less than 10 years, the rule of thumb is to expect spousal support to be ordered for half the length of the marriage. If the marriage is for longer than 10 years, then the duration can be difficult to predict. Presumably, the family court will not treat a 34 year marriage the same as a 12 year marriage. Another factor that can play into the decision is the age and health of the parties. A 76 year old man or woman who was married for 40 years will not be treated the same as a 43 year old who was married for 15 years. Notably however, income earners are not required to work forever, and when they retire, they are entitled to seek to modify or even terminate their support obligation.

Because of the complexity of this area of the law, it is important to consult competent family law counsel. If you are considering divorce and have, for example, given up your career to focus on caring for the family and will most certainly need financial assistance from your spouse, the process can be unpredictable. Similarly, if you are the higher earning spouse, you too should understand how a court could view your obligations and how to potentially limit them. Moreover, the timing of when you get divorced matters, as for example after 9 years of marriage, 14 years of marriage or 39 years of marriage. The length of the marriage and even the timing and circumstances of separation can impact the duration of the spousal support order. Parties need to obtain the advice of experienced legal counsel before making a decision about ending your marriage, since that decision will have not just emotional trauma, but also long lasting financial consequences on you and your family.

 

(This article appeared in theMidlife on May 16, 2023)

 

The Ins and Outs of Spousal Support In Divorce

Stephanie I. Blum

When couples split up, both spouses ponder: How can I continue to afford my lifestyle?

That is especially true in families where one spouse has given up a career to take care of the children and run the  household. In California, when the court is asked to determine support, they will order the higher earning spouse to pay the lesser earning spouse monthly spousal support (historically called alimony). But how much money will the court  order? Will that amount of money change over time? And for how long will the spousal support order last?

The purpose of spousal support while the parties are going through the divorce is to allow the supported spouse to  maintain the status quo. But at the end of the proceeding, the court makes a different order. At that time, the court may order one party to pay for the support of the other party in an amount, for a period for time, that the court determines is “just and reasonable,” taking into a consideration a whole host of circumstances that are outlined in the Family Code.

Those factors include among them the earning capacity of each party. How much can the payor pay and still have money left over to pay for his/her own living expenses? What are the marketable skills of the supported party, the job market for those skills, the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills?

The supported party is expected to go back to work if possible, so the court may consider the possible need for retraining or education to acquire other more marketable skills or employment. Even though mom, for example, gave up her career to have children, what would be required for her to re-enter the workforce?

The court is also supposed to consider the extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. The court may take into account if the supported party contributed to the support payor’s attainment of an education, training or career.

Of course, the real question is, after the court has considered all the relevant factors, how does it actually arrive at a monthly dollar amount?

In California it’s typically by the use of the software program Dissomaster, originally devised to calculate only child support. The court inputs information including for example, the income of each party (earnings as well as investment), their tax filing status, the amount each pays for health insurance, if either party owns a home, the mortgage interest and property tax paid relating to same, and the percent of time each parent has custody of the children. The Dissomaster then magically calculates dollar amounts for both child support and spousal support.

The court may rely on the spousal amount calculated only when ordering temporary spousal support during the divorce proceeding. However, the court is absolutely not allowed to rely on that formula when arriving at the spousal support amount in the final judgment at the end of the divorce process. At that point, a judge is supposed to consider all the relevant factors outlined in the Family Code section, as well as any other factors the court determines are just and equitable.

Usually, the court’s final spousal support orders are less than the amount ordered at the temporary stage. The duration typically depends upon the length of the marriage. If the marriage lasted less than 10 years, one can expect spousal support to be ordered for half the length of the marriage. If the marriage is for longer than 10 years, then the duration can be difficult to predict. Presumably, the family court will not treat a 34-year marriage the same as a 12-year marriage.

The age and health of the parties can play into the decision also. A 76-year old person married for 40 years will not be treated the same as a 43-year-old who was married for 15 years. Notably, however, income earners are not required to work forever, and when they retire, they are entitled to seek to modify or even terminate their support obligation.

Because of the complexity of this area of the law, it is important to consult competent family law counsel. If you are considering divorce and have, for example, given up your career to focus on caring for the family and will most certainly need financial assistance from your spouse, the process can be unpredictable. Similarly, if you are the higher earning spouse, you too should understand how a court could view your obligations and how to potentially limit them.

Moreover, the length of the marriage and even the timing and circumstances of separation can impact the duration of the spousal support order. Parties need to obtain the advice of experienced legal counsel before making a decision about ending a marriage, since that decision will have not just emotional trauma, but also long lasting financial consequences on you and your family.

(This article appeared in the April 2023 issue of Living Brentwood)

 

Stephanie Blum Recognized as Top 100 Lawyer by LABJ

Stephanie Blum has been recognized as a “Top 100 Lawyer” by the Los Angeles Business JournalAccording to the journal’s publisher, Stephanie is among a handful of attorneys who “have demonstrated exceptional legal skill and achievements across the full spectrum of responsibility, exemplary leadership and contributions to the Los Angeles community at large.”  Read the press release here.

 

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