AuthorModern Divorce #Shorts by Emily Robinson Archives
December 2024
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Financial advisers note that female breadwinners face distinct challenges in protecting their assets during divorce. Many have built successful careers while maintaining primary responsibility for the household, leading to complex discussions about contributions to marital assets. The increasing prevalence of female breadwinners has significantly impacted both divorce proceedings and post-divorce dynamics in recent years. As women continue to advance professionally and earn higher incomes, traditional assumptions about alimony, child support and asset division are being reexamined. According to the most recent U.S. Census data, nearly 40% of heterosexual households have female primary earners. This shift has created new challenges in divorce settlements, particularly regarding spousal support. Courts have increasingly ordered women to pay alimony to ex-husbands, a reversal of historical patterns where men were typically the providers of post-divorce support. Financial advisers note that female breadwinners face distinct challenges in protecting their assets during divorce. Many have built successful careers while maintaining primary responsibility for the household, leading to complex discussions about contributions to marital assets. The division of retirement accounts, business interests, and investment portfolios requires careful consideration when the higher earner is female. Accordingly, divorce proceedings can take a particular toll on female breadwinners. While deviating from traditional gender roles by being the primary earners as noted previously, they still often serve double-time as the primary caretakers for children and households. This creates specific tensions when determining custody arrangements and support payments. Some courts need help to balance these dual roles, potentially leading to outcomes that may feel inequitable to high-earning women. Legal precedents are still evolving to address these modern scenarios. Courts increasingly recognize that spousal support should be based on economic factors rather than gender. However, some jurisdictions show lingering bias in their handling of cases involving female breadwinners, particularly regarding expectations about continuing to provide financial support while maintaining primary custody of children. The psychological impact on both parties can be significant. As with many obligated to pay alimony, women may experience resentment at supporting former spouses who earned less during the marriage, with the added twist that some men report feeling emasculated when receiving support from ex-wives. These emotional dynamics can complicate negotiations and lead to more contentious divorces. The impact extends beyond immediate divorce settlements. Female breadwinners often face unique challenges in rebuilding their financial lives post-divorce. While typically better positioned economically than lower-earning women, they may need help with reduced retirement savings and investment opportunities due to support obligations and childcare costs. Tax implications also differ for female breadwinners in divorce. Recent changes to tax laws regarding alimony payments, Tax Cuts and Jobs Act (TCJA) of 2017, which took effect in 2019, have particularly affected high- earning women who must pay support. Understanding these implications is crucial for negotiating fair settlements and managing post-divorce finances. There's growing recognition that traditional divorce frameworks may need updating to reflect modern economic realities and I foresee an evolution in how courts handle cases involving female breadwinners. At this point, some jurisdictions are developing more nuanced approaches to support calculations considering financial contributions and non- monetary responsibilities. Mental health professionals emphasize the importance of support systems for both parties. Female breadwinners often benefit from connecting with others in similar positions, while their former spouses may need assistance adjusting to new financial dynamics. These support networks can help both parties navigate the emotional and practical challenges of their changing roles. The trend of female breadwinners in divorce highlights broader societal shifts in gender roles and economic dynamics. As more women achieve financial success, divorce laws and practices continue to adapt. Understanding these changes is crucial for legal professionals, financial advisers, and couples facing divorce in today's evolving social landscape. Success in navigating these situations often depends on both parties' ability to move beyond traditional gender expectations and focus on equitable solutions based on economic realities. This may require new approaches to mediation and settlement negotiations that acknowledge the specific challenges faced by high-earning women while ensuring fair outcomes for all parties involved. Emily Faye Robinson practices in Los Angeles and Ventura Counties . She focuses on family law and mediation . She graduated from University Of California , Hastings College of the Law and is a certified mediator. She is appointed by the Los Angeles Superior Court t o represent children in contested custody cases as a minor' s counsel.
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  An estimated 1 in 4 divorces now occur among couples over 50. The phenomenon of Gray divorce represents a significant shift in how society views marriage, aging, and personal fulfilment.
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Minor's counsel holds a unique position within the legal system. Unlike attorneys who represent parents or other parties, we are appointed by the court to champion the best interests of the child. This role is pivotal in ensuring that the child's voice is not lost in the cacophony of legal disputes and their needs are given the utmost priority.
In the complex world of family law, one often overlooked yet vital role is that of minor's counsel. As an attorney who has dedicated much of my career to this field, I've seen firsthand the profound impact this position can have on the lives of children caught in the crossfire of legal disputes. My journey in family law began in 2007, initially focusing on general practice. However, as I delved deeper into custody cases, I realized that the most vulnerable parties—the children— often lacked a strong advocate. This realization prompted me to shift my focus to serving as minor's counsel, a decision that has shaped my career and, I believe, made a significant difference in many young lives. Minor's counsel holds a unique position within the legal system. Unlike attorneys who represent parents or other parties, we are appointed by the court to champion the best interests of the child. This role is pivotal in ensuring that the child's voice is not lost in the cacophony of legal disputes and their needs are given the utmost priority. According to the California Rules of Court, our primary duty is to gather and present evidence pertaining to the child's best interests. This involves interviewing the child in a safe, comfortable environment; reviewing all relevant court files and records; consulting with teachers, health care providers, and other professionals involved in the child's life; and conducting thorough investigations to uncover any factors affecting the child's well-being. One of our biggest challenges is the need for more clarity about our role. Many assume we simply relay the child's wishes to the court or that we favor one parent over another. In reality, our job is far more nuanced. We must balance the child's expressed desires with what we determine to be in their best interest. We remain neutral, focusing solely on the child's well-being rather than aligning with either parent. We do not testify in court but rather advocate based on our investigations and professional judgment. Serving as a minor's counsel requires a unique skill set. Beyond legal expertise, we must be adept at communicating with children of various ages and developmental stages and recognizing signs of abuse, neglect, or parental alienation. We also have to navigate complex family dynamics and have a considerable understanding of child psychology and development. While the work can be emotionally taxing and often under-compensated, the rewards are immeasurable. We can provide a voice for children who might otherwise be silenced in the legal process and ensure that decisions are made with the child's best interests at heart. After all, our work could potentially change the trajectory of a child's life by advocating for their needs and well-being. This work is crucial, and yet there is an ongoing shortage of lawyers filling this role in California. We are facing an increased need within the family courts, but the number of attorneys who are qualified and willing to serve in this capacity is being outpaced. While the complex nature of this work means a significant investment of time and care, the reward for those of us who undertake this mission is deep and meaningful. I encourage other family law practitioners to consider taking steps to receiving the required training and making a difference in the lives of children who are facing what is often the most challenging time of their young lives. As family structures evolve and legal challenges become more complex, the role of minor's counsel will only grow in importance. We must continue to refine our practices, advocate for resources, and raise awareness about the vital role we play in the family law system. In my years of practice, I've seen how a dedicated minor's counsel can make a profound difference in a child's life. It's challenging work, often met with resistance, but it remains the most fulfilling aspect of my legal career. As we move forward, my hope is that more attorneys will recognize the value of this role and the urgent need for their participation in the crucial work of protecting our most vulnerable citizens in the courtroom and beyond. Emily Faye Robinson practices in Los Angeles and Ventura counties. She focuses on family law and mediation. She graduated from University of California, Hastings College of the Law and is a certified mediator. She is appointed by the Los Angeles Superior Court to represent children in contested custody cases as minor's counsel.
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 In 2007, I started working as a family law attorney for the first time. It wasn’t long before I noted that it was not the parents but the children in the middle of many family law cases who were the most victimized as litigation persisted. In some cases, the child wanted their own voice heard, but that was not always so. In other instances, parents were actively brainwashing the child. It wasn’t rare to find situations of emotional or physical abuse.
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Statement on Minor’s Counsel Role9/17/2024 When I began working as a family law attorney, I decided to move from litigation to mediation and collaborative law to promote healing for those involved in these complex and difficult matters.
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