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Hi everyone, I’m Dr. Michael Mantell with another Family Law Matters, joining Bonnie Rabinovitch Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie. Hi, Michael.
How are you doing today? Doing well. We are moving into a new year, aren’t we? Yes, we are. 2026.
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And with a new year, there comes all kinds of new rules and regulations and standards and this and that and so forth and so on. But I imagine in family law, some of these new rules and regulations, laws, are quite impactful. Can you give us a glimpse into what’s going on? Sure, Michael.
So, January 1, we have a brand new rule or a brand new law regarding spousal support. Now, I’m sure you remember that a long time ago, because we’ve talked about this within our 200 episodes, that spousal support used to be includable as the recipient’s income, meaning the recipient paid taxes on this money and the payor was allowed to deduct this from their income. So, they didn’t pay taxes on this money.
And then it changed over the course of the years that spousal support was no longer taxable at the federal level, but it was allowed to be taxed at every state level. So, now it’s partially non-taxable. Well, as of January 1, spousal support is now following child support and it’s no longer taxable at any level.
Now, in case you can’t see that I’m a little bit perturbed. We can see that, Bonnie. It is frustrating to me as a working person, man or woman, that if my spouse needs my assistance, I have to pay it in net dollars and they get to keep it all in net dollars.
And so, what incentive, if somebody is going to get $4,000, $5,000, $3,000, who the hell knows, extra money every month without any requirement to pay any taxes on it, it’s free money, Michael. What incentive do they have to go out and do for themselves or be a productive member of society? This is state of California law, correct? This is now the state of California law that no longer the state will tax spousal support. I don’t even want to ask where that comes from.
That’s a whole other topic. I understand that where it started, it made sense in the beginning of time that usually it was the woman who stayed home, took care of the children. She wasn’t allowed to have a bank account.
She had no property. I understand spousal support in that situation. But when we’re all sitting here and it’s net, it’s just not fair.
Oh, right. Fair. Fair in family law.
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Can’t use that word. Now, listen, are there any other laws that we need to be aware of in the state of California impacting divorce and family law? That is really right now the one that’s come out that has rankled some fur and been the most impactful. So, if someone filed for divorce, let’s say towards the end of last year, 2025, and the divorce is now going to go into effect sometime spring, summer of this year, they’re operating under the new law, correct? If there was no order made for spousal support before the law and they don’t agree to grandfather it in.
Yes, sir. It’s all non-taxable money. I imagine that there are people hearing this.
They’re going to go, oh, M.G. Don’t get scared. If you already are paying court ordered spousal support, that’s not going to change. It’s the new orders that are going to be.
Oh, M.G. Are you kidding me? Yeah, right. If people have questions about this or they just want to scream in your ear about it, how can they do that? How can they reach you? They can scream in my ear at 619-574-8000, or you can reach us on line at www.PrimusFamilyLaw.com, and all roads will lead you to a free 30-minute Zoom or telephone consultation, and we can figure out how we can figure this out. Scream with each other.
Yes. Thanks for a wonderful Family Law Matters episode. Now into our 200th plus, I guess, episode.
So we’ll see you next time. Have a great week, Michael. You too.
Thanks. Bye-bye.