WinterSunLover
recently joined
Reged: 10/09/09
Posts: 4
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Hi all, I'm just starting to learn about divorce law, and here in California it seems hard to plan around. Let me give you my info. I hope to get back to being single again, and don't need much stuff.
Me: male, 48 years old, make $104,000 per year
Her: feamle, 48 yrs, makes $20,000 per year
State: California
Children: 2, ages 9 and 7
Married: 13 years now
House: paying mortgage on place of residence, about 22 years remaining on 30 year mortgage
Part of me says: wait until the kids are both 18 to part ways. Since child support is a big deal and for the kids wellbeing. HOWEVER...I'm worried about rumors that if you're married 20 years or more in California, you have to pay spousal support indefinitely.
Oh, one more thing, she has an M.D. (yes, a physician) but has not been practicing for 7 years. So she's licensed to practice medicine but has been out of touch for a bit.
So, it's a game of chance, but should I split now (before 20 years) or split later (after child support is a non issue). I hope to part ways as amicably as possible.
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spinnerdegrassi
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Reged: 08/20/06
Posts: 7947
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Split now.
She has an MD, and working as an RN I know PLENTY of physicians who have retired and returned back to work with 5+ years off in the last 2 years with no issue. Especially if she's a GP/Internal Medicine etc...No way should you get stuck paying spousal support on someone whose earning potential outstrips yours.
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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Split now and take short term lumps. The llonger she is out of the work force the greater the potential liabilty for long term spousal support.
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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
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Split now. You're looking at 11 years of child support plus probably five years of spousal support vs. no child support and lifetime spousal support.
Plus, you can never gamble on where the legislature is going to go 11 years from now.
Cinder
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1966Gal
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Reged: 04/04/08
Posts: 10098
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Depends. What's more important to you, "the kid's well-being" or the money?
If it's the money, it would be best for you to split now. The longer your wife is out of her field, the better she'll be able to argue for extented spousal support.
If it's for the kids...I don't know what your home life is like, but it must not be so bad if you are considering staying for another 8+ years to save on child support.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Avaya
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Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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Or don't divorce. If you're willing to consider sticking it out till the kids are grown, maybe you could make a committment to improve the marriage while you're still in it. Statistics (and I don't have sources, I just heard this years ago and from personal experience, I can say it's true) couples that decide to stay together are happier 10 years later than those who choose to split up. Good luck to your family!
ETA: You don't just 'stay in the marriage', you stay in it AND actively work together to improve things.
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Eternity is too long to be wrong.
Edited by Avaya (10/13/09 10:25 AM)
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Yes_Dad
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Reged: 08/23/08
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[quote]Depends. What's more important to you, "the kid's well-being" or the money?
If it's the money, it would be best for you to split now. The longer your wife is out of her field, the better she'll be able to argue for extented spousal support.
If it's for the kids...I don't know what your home life is like, but it must not be so bad if you are considering staying for another 8+ years to save on child support. [/quote]
An M.D., no matter how long, won't be awarded support. You have rocks in your head. Medicine hasn't changed all that much in 5 years and I know THAT as a fact.
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spinnerdegrassi
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Reged: 08/20/06
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No kidding. She can step back into a job today and earn more than him guaranteed. The average Internal Medicine doctor in my hospital (and remember this is KC, where salaries are lower) is 200k. In Cali, they'd be looking at 300k +, and it just goes up from there with specialities.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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[quote]
An M.D., no matter how long, won't be awarded support. You have rocks in your head. Medicine hasn't changed all that much in 5 years and I know THAT as a fact. [/quote]
But did she keep up with the required continuing education? If she didn't, then she can't step right back into being a doctor. I know that a CPA has to have so many continuing education credits to keep his/her license, my cousin, who was an RN had to have so many continuing education credits and now as a school nurse has to add continuing education credits for teaching on top of those for a nurse to keep her license. I can't imagine it being any different for a doctor.
Chances are she will be awarded spousal support while she brings her continuing education credits up to date.
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spinnerdegrassi
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You don't need to keep up with CEU's when your license is on inactive status. That applies to Physicians and Nurses.
[censored]://www.medbd.ca.gov/licensee/inactive_license.html
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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[quote]You don't need to keep up with CEU's when your license is on inactive status. That applies to Physicians and Nurses.
[censored]://www.medbd.ca.gov/licensee/inactive_license.html [/quote]
Uh, you may actually want to read the link you posted. In the application to reactivate the license it clearly states in Part 4 Inactive Status that the applicant must have completed 50 hours of continuing medical education (pretty much says that for any of the parts, btw) in the prior 2 years before applying for reactivation.
Thank you for proving what I stated about her not being able to just jump back into being a doctor. I know that wasn't your intention. But, nevertheless, you did prove what I said. Thank you.
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finz
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Reged: 06/17/08
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Which means that she could complete 50 hours of CEU's this week and make herself current, jumping right back into being a doctor and not needing years of SS
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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[quote]Which means that she could complete 50 hours of CEU's this week and make herself current, jumping right back into being a doctor and not needing years of SS [/quote]
50 hours of CME crammed into one week? Not likely.
It's a long term marriage. One where she hasn't been practicing as a doctor for the majority of it, this isn't a recent event. And there was no mention of whether or not she actually applied to have her license made inactive, it may have expired for all we know. Her current income is what is going to be used as it has been firmly established that she is not a practicing doctor and has not been for the majority of the marriage.
It's a long term marriage, she's going to get spousal support. And the longer he stays married, the longer the spousal support will be for.
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spinnerdegrassi
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You could easily do it in a few weeks. Most of it can be done online now. You do realize that on average a 1 hr CEU can be done in less than 15 minutes right? Do you know how most complete the credits? They go straight to the test, and keep on doing it until they get the required 80% pass rate. Most don't even read the material. Then you print the certificate.
No physician lets their license lapse.
I work with doctors who come back from retirement all the time. It's a simple transition. In fact, we hve one of our surgeons coming back after being gone for 5 years due to one of his old partners retiring.
You're making this out to be a big deal when it isn't. She won't get sh!t all for Spousal support when she could easily be back practicing almost immediately.
She's not in need of rehabilitative maintenance, not when she can be earning more than him within the year.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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[quote]Ugh, you don't need to complete it in one week. It's 50 hrs per 2 years. Meaning once your license is activated you have to do the 50 hrs per renewal. [/quote]
My bad, but I still disagree with the statement that she won't get spousal support. However; if she did not apply to inactivate her license and just let it expire, it is canceled. And she has to meet all of the current requirements of getting a license. Which probably won't give her a license until she has met the CME requirement for the last 7 years.
She's going to get spousal support. It doesn't matter whether you like it or not. It has been firmly established that for the majority of the marriage she has not been a practicing doctor.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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[quote]You could easily do it in a few weeks. Most of it can be done online now.
No physician lets their license lapse.
I work with doctors who come back from retirement all the time. It's a simple transition. In fact, we hve one of our surgeons coming back after being gone for 5 years due to one of his old partners retiring.
You're making this out to be a big deal when it isn't. She won't get sh!t all for Spousal support when she could easily be back practicing almost immediately.
She's not in need of rehabilitative maintenance, not when she can be earning more than him within the year. [/quote]
One's who don't plan on going back to being a doctor do.
She's getting spousal support.
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gr8Dad
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Reged: 06/07/04
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...a decent lawyer could have her income imputed at what a local doctor makes, and award HIM alimony for having a reduced lifestyle because she didn't want to work.
You know, with the right spin and media guidance, I bet you could WIN a case like that.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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spinnerdegrassi
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She can step into a job making more than him within 6 months of them splitting. There is no way a judge is going to give her alimony when her ability to be self supporting an earning a salary larger than his is an expressly available option. If she doesn't want to be a doctor, and purposely chooses to live on a reduced income, when she has the ability to earn more, why should he have to pay that?
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finz
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Reged: 06/17/08
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[quote]50 hours of CME crammed into one week? Not likely. [/quote]
Huh ?
A regular workweek is 40 hours, most doctors work more than that. Even if it actually took her 50 hours, why couldn't that EASILY be accomplished in one week ?
I could bang out 50 hours of nursing CEU's in 8 hours.
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Avaya
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Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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[quote]
50 hours of CME crammed into one week? Not likely. [/quote]
Ummmm? Very likely. Duh. That's how many hours most doctor's probably work as it is. If you can work 50 hours in a week, you can get 50 hours of CPE in a week. However, most likely they'd have to spread it out over a FEW weeks because you have to find what is offered. But in the whole grand scheme, yes she can 'jump right into the workforce.'
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Eternity is too long to be wrong.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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[quote]One's who don't plan on going back to being a doctor do. [/quote]
Only an IDIOT would go thru the time and agony and expense of medical school and decide not to practice and let their license lapse. No, don't buy it at all.
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Eternity is too long to be wrong.
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1966Gal
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Reged: 04/04/08
Posts: 10098
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We also haven't considered their assets. Alimony is based, in part, on the $$$ of assets she receives since that will help determine her "need".
She's 48 now and hasn't been practicing medicine for 7 years. Which, makes me jump to the assumption that she *was* practicing medicine before then. Since Dr.s are VERY nicely paid, and ASSUMING she was practicing medicine from the age of about 30 to 41...there could be significant assets in cash, 401k, IRA, etc...
Of course, on the other hand, she might have been paying off significant student loans during that time and there are no significant assets to divide.
Hopefully the poster can give more info.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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1966Gal
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Reged: 04/04/08
Posts: 10098
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Also, another question. Has she EVER practiced medicine? What kind of Dr. is she? (Family practice makes considerably less than internal medicine or some other type of speciality.) If/when she did practice medicine, how much did she make? Is her license/education current? If not, how long will it take her to become current?
I assume she left the medical field to raise the kids and poster did not? That, alone, means that compensatory alimony might be in order. Of course, that number only gets bigger then longer they stay married and she remains out of the work force to be the primary care-giver of the kids.
Poster mentions that she currently makes $20k a year. Doing what?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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