Kaley Cuoco has filed for divorce from husband Ryan Sweeting.
Kaley Cuoco Divorces Husband
After only 21 months of marriage, Kaley Cuoco, 29, and Ryan Sweeting, 28, have decided to divorce. According to the divorce filing, the couple’s date of separation is listed as Sept. 3. It appears that the two signed a prenuptial agreement one month prior to saying their vows on Dec. 31, 2013. In that document, the two agreed to both spousal support and property assets.
Cuoco had taken her husbands last name, but has requested that her name be restored to Kaley Christine Cuoco.
The couple released a statement on Friday, Sept. 25 saying, “Kaley Cuoco and Ryan Sweeting have mutually decided to end their marriage. They ask for privacy at this time. No further statement will be issued regarding this matter.”
It seems that there was previous signs of the impending divorce however, when prior to announcing the split, the TV actress deleted nearly all photos of Sweeting from her Instagram account.
The two are now citing “irreconcilable differences” as the reason for the split.
To start the divorce process one of the spouses must file a petition. Even if both spouses are in agreement, one of them will have to file a petition with the court asking for the divorce. This petition states the grounds for the divorce. These vary from state to state. California is a no-fault state, meaning no fault is placed on either party regardless of infidelity, etc… All jurisdictions allow for some type of no-fault grounds such as “irreconcilable differences.” Some states will consider fault grounds for divorce, such as adultery or abandonment. Your family law attorney will be able to advise you on if fault grounds are available in your state, and if so, whether or not it makes sense to file for divorce on fault grounds.
According to the prenuptial, it looks like Sweeting will receive spousal support from Cuoco, who is currently the highest paid actress on TV.
Permanent spousal support is determined by a court after careful consideration of various factors. The formula that is used to determine support is the same in every California court, but you will want to work with a family law attorney to help you negotiate certain items with your spouse to ensure you receive the proper support.
Court Must Consider Controlling Statute
A court must consider a controlling statute when establishing permanent spousal support.
The Controlling Statute states the following:
4320. In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
(1) 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; and the possible need for retraining or education to acquire other, more marketable skills or employment.
(2) 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.
(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living established during the marriage.
(e) The obligations and assets, including the separate property, of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
(h) The age and health of the parties
(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325.
(n) Any other factors the court determines are just and equitable.
Oftentimes a person might prefer to offer a lump-sum payout of alimony in order to move forward without having a monthly reminder of a prior marriage. To qualify, both spouses will need to agree to a lump sum payment. It’s important to remember that there may be tax consequences if you decide to accept a lump sum payment for your alimony. For example, it may be taxed for the full amount in the year that is received. There are numerous tax laws when it comes to spousal support and child support.
Spousal Support During Tax Time
There’s a basic tax law that can often be passed over, ignored, or misinterpreted, if you’re in the midst of an emotional divorce. Regardless of how intense or difficult your divorce is though, you will need to keep this in mind: Alimony payments are tax deductible. Additionally, alimony payments are taxable to the recipient.
Tax Strategy During Divorce
It’s important to be mindful of this basic tax law and the ramifications while you’re negotiating the divorce. You should ensure the ruling of alimony or child support properly reflects the tax intentions. And it should be noted that even if the payments are characterized as “alimony” by both sides doesn’t ensure that it will be deductible. There are requirements that need to be met in order for things to be classified as deductible alimony.
Tax-law Requirements to be Considered Deductible Alimony
These are the tax-law requirements that must be met:
- The alimony payment must be made in cash or cash equivalent.
- The alimony payment must be received by a spouse under a divorce or separation agreement. The payment can also be received on behalf of a spouse. This agreement cannot designate the payment as being nontaxable to the recipient spouse and nondeductible by the payer spouse.
- During the time of the payment the payer spouse and the recipient spouse cannot be living together as members of the same household.
- There is no liability to make a payment for any period after the death of the recipient spouse or to make a substitute payment in such a situation.
- Spouses are not allowed to file a joint tax return with each other in the same year as the payment was made.
A Helpful Tip
It might be helpful to work out the best tax deal you can under the circumstances. So if you are able to negotiate with your ex-spouse you should both try.
Working with a Divorce Attorney
Regardless of what process you use, either mediation or a standard divorce, or what level or marital property or child support you are seeking, the divorce process is a difficult one, but one that can be aided by the help of a divorce attorney. There are many aspects of a marriage that must be decided, including child custody, marital property, and alimony. Working with a divorce attorney is a way to make the process smoother. If you’re considering divorce, you should also consider a divorce attorney like the ones at Law Offices of Korol and Velen, Certified Family Law Specialists.