A spouse going through a California divorce may have rights involving property, debts, spousal support, child custody, child support, and other financial matters. What a spouse is entitled to depends on the couple’s property, finances, children, and other facts.
California is a community property state, but that does not mean every asset belongs equally to both spouses. Understanding what community property is and what is separate property is an important first step.
What Property Is a Spouse Entitled to in a California Divorce?
California generally treats property acquired during the marriage as community property, although exceptions can apply. Community property can include income, real estate, bank accounts, investments, retirement benefits, and other assets acquired during the marriage.
When spouses divorce, community property is generally divided equally unless an exception or valid agreement applies.
Separate property generally belongs to one spouse and is not divided as community property. It can include property owned before marriage and certain gifts or inheritances received by one spouse.
Some assets contain both community and separate property interests, making their division more complicated.
Is a Spouse Responsible for Debts After Divorce?
Divorce involves dividing debts as well as property. Divorce involves dividing debts as well as property. How a debt is treated can depend on when it was incurred, what it was used for, and whether it is considered a community or separate obligation under California law.
Common debts that may need to be addressed include:
- Mortgages
- Credit card balances
- Personal loans
- Tax obligations
- Business debts
Who is responsible for a debt can depend on when it was incurred, what it was used for, and other circumstances. Dividing a debt in a divorce judgment also does not necessarily change a creditor’s contractual rights.
Is a Spouse Entitled to Alimony in California?
Spousal support, also called alimony, is not automatic in a California divorce. A court may award temporary support while a divorce is pending or long-term support as part of the final judgment.
When deciding long-term support, courts consider factors such as the spouses’ income and earning abilities, needs, assets and debts, health, the length of the marriage, and the marital standard of living.
The attorneys at Berenji Divorce & Family Law Group have over 70 years of combined experience in family law. They can help spouses understand how California support rules may apply to their circumstances.
What Rights Does a Spouse Have When Children Are Involved?
Parents may also need to resolve child custody and child support during a divorce. California courts focus on the child’s health, safety, and welfare when making custody decisions.
Parents may reach their own custody and parenting-time agreement. If they cannot agree, the court can make orders addressing how they will share parenting responsibilities and time with their children.
Child support is a separate issue from spousal support. The court may order child support based on California law and the family’s circumstances. Temporary custody and support orders may also be available while the divorce remains pending.
Can Spouses Decide How To Divide Property and Support?
Yes. Spouses do not always need a judge to decide every divorce issue. They can negotiate an agreement covering property, debts, spousal support, and issues involving their children.
A divorce agreement should clearly address all issues that need to be resolved. Once properly approved, its terms can become part of the divorce judgment.
If the spouses cannot reach an agreement, they can ask the court to decide disputed matters. Complex assets, separate property claims, businesses, retirement accounts, and disagreements about support may require closer review before an agreement is reached.
FAQs
Does Each Spouse Automatically Get Half of Everything?
No. California generally divides community property equally, but separate property usually remains with the spouse who owns it. Some assets may have both community and separate components, so identifying when and how property was acquired can be important.
Can a Spouse Keep the Family Home?
Possibly. Whether one spouse keeps the home depends on issues such as its ownership, community and separate property interests, the couple’s agreement, and the court’s orders. The home may also be sold and the proceeds divided.
Does the Date of Separation Matter?
Yes. The date of separation can affect whether property and debts are considered community or separate, and may also affect spousal support issues.
Contact the Los Angeles Divorce Lawyers at Berenji Divorce & Family Law Group for Help Today
What a spouse receives in a California divorce depends on the property, debts, income, children, and other circumstances involved. Identifying community and separate property and understanding potential support rights can help you make informed decisions.
Berenji Divorce & Family Law Group can review your financial and family circumstances and explain how California divorce law may apply. Contact us today to schedule a consultation with a Los Angeles divorce attorney.
The Los Angeles divorce lawyers at Berenji Divorce & Family Law Group assist clients with property division, support, child custody, and other family law matters. Contact us today to schedule a consultation and discuss your divorce.
Berenji Divorce & Family Law Group Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji Divorce & Family Law Group Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586
