Dedicated Physician Divorce Attorney in Los Angeles, CA
Doctors may have unique divorce questions related to ownership of their practices, medical incomes, or professional assets. Determining the value and divisibility of a practice or professional income stream can be difficult without understanding California community property laws. A Los Angeles physician divorce lawyer can assist doctors and spouses with issues related to finances, including practice ownership.
Get Sophisticated Divorce Representation at Kramer & Zitser, LLP
Kramer & Zitser, LLP is a combination of two senior attorneys who have extensive experience assisting clients in high-net-worth divorce cases.
Founders Brian J. Kramer and Diana P. Zitser have over 50 years of combined legal experience focusing on family law matters. From negotiations to trial, our Los Angeles family lawyers represents individuals with significant marital estates, professional businesses, and contested divorces. Whenever possible, we focus on discreet resolution through negotiations but provide aggressive advocacy in court if necessary.
How Divorce Can Impact Physicians
Physician divorce can bring financial concerns not present in other divorce cases. Doctors can earn wages from ownership interests in practices, employers like hospitals or medical centers, partnerships with group practices, and incentive-based compensation.
For example, doctors employed at Kaiser Permanente or self-employed physicians with an interest in a Pacific Palisades area practice may receive compensation that requires documentation. Some financial considerations include:
- Value of the practice and professional corporations
- Splitting retirement accounts, investment accounts, and real estate
- Calculating support when compensation varies or includes bonuses/incentives
- Division of outstanding medical training costs or student loans
When reviewing financial information, California divorces evaluate when property was acquired and how it was obtained to make equitable division determinations.
California Physician Divorce Laws
Dividing marital property in California usually involves community property standards. California Family Code § 2550states that community property should be divided equally. Any medical practice interests held by doctors, acquired while married, must be assessed and split appropriately. Even if the practice was owned before the marriage, money put into it during the marriage could still make it community property.
California Family Code § 2641 may allow reimbursement to the community if community funds were used to support a spouse’s education. This reimbursement right can arise in physician divorces if the community contributed to the physician spouse’s schooling. Medical degrees cannot be divided, but this statute can provide some consideration for student loans or other education expenses paid with community assets.
Financial Considerations for Physicians
There are thousands of physicians working and owning professional practices throughout California.
The California Department of Consumer Affairs’ 2024–2025 Annual Report indicated that the Medical Board of California had issued 6,640 licenses to physicians and surgeons. The Medical Board processed 6,487 applications during that same timeframe. The Medical Board also granted 2,947 licenses for postgraduate training.
While it doesn’t report divorce statistics for California physicians, those licenses are evidence of the Medical Board’s scale of licensing activities in California.
Additionally, the Census Reporter reported that 7% of males and 9% of females aged 15 and older are divorced in Los Angeles. While not all are physicians, some of these include high-net divorces, including those involving medical professionals. Medical professionals at different stages of their careers likely have different financial issues that arise during divorce.
Determining Spousal Support in a Physician Divorce
Physicians typically have high incomes. While this won’t necessarily preordain a certain level of spousal support, California courts look at marital standard of living, among other factors such as earning capacity, length of marriage, and each spouse’s needs when calculating long-term support.
Physicians sometimes receive income that is in the form of productivity bonuses, partnership distributions, or other payments that may need further analysis. Additionally, if one spouse took time away from the workforce to support the physician’s career and/or raise a family, the court can consider that as well.
When to Hire a Physician Divorce Lawyer
It is recommended that you hire a physician divorce lawyer early in divorce proceedings that impact complex compensation structures or valuable professional interests. A Los Angeles physician divorce attorney can help coordinate professional business valuations and identify inaccuracies in financial disclosures. Community property interests can arise in relation to spouses’ professional practices.
If settlement is not possible, your attorney can present financial evidence and cross-examine valuation witnesses in court. Physician divorce cases in Los Angeles County can be filed at the Los Angeles Superior Court, Stanley Mosk Courthouse, located at 111 North Hill Street, Los Angeles, CA 90012.
FAQs
Can a Physician Continue Practicing Medicine During Divorce Proceedings?
Yes, a physician can continue practicing medicine during divorce proceedings. Divorce filings do not impact your medical license or ability to see patients. Temporary court orders may place restrictions on your ability to transfer ownership interest in a medical practice or move money from your practice account. An attorney can help.
What Happens If a Physician Moves Out of California During Divorce Proceedings?
If you move out of California, your current divorce action does not automatically dissolve. If the California court had jurisdiction over you and your spouse, then the court may still have jurisdiction over certain issues relating to the divorce. Moving out of state can make enforcing support obligations, child custody arrangements, and property distribution difficult if you own property in more than one state.
Can a Physician Be Required to Sell Their Medical Practice During Divorce?
No, if you own a medical practice, you are not required to sell your business as part of the divorce. The court may award your professional interest to you and divide the rest of the community assets or pay your spouse an equalization payment. Your professional interests could also be impacted by ownership limitations, narrowing your choices. It all depends on the parties’ financial situation and the law that applies.
How Does Divorce Affect a Physician’s Ownership Interest in a Medical Partnership?
Your ownership interest in a medical partnership can be divided or paid to your spouse as part of the divorce. You may be restricted from transferring your interest to a nonphysician by your partnership agreement and California law. Selling your share of the business might not be a requirement. It also may be possible for you to retain your ownership in the medical partnership and buy out your spouse’s community property interest.
Kramer & Zitser, LLP Can Help
If you are a physician going through a divorce, the Los Angeles divorce attorneys at Kramer & Zitser, LLP can help you protect your assets. Contact us today for more information.
