What is a wife entitled to in a divorce in California?

One of the most common misconceptions of divorce is that a wife can take all assets from their husband. However, this idea is far from the actual legal processes that take place during a divorce. If you’re currently going through a divorce in California, or any state for that matter, you may find yourself asking, “What is a wife entitled to in a divorce in California?” Educating yourself on divorce standards and what to expect is the smartest way to prepare for your own.

What Property Is a Wife Entitled to in a California Divorce?

Since California follows community property laws, this means that marital assets are typically divided equally between spouses, regardless of how each spouse contributed. This means that if a married couple divorces, a wife is entitled to half of the communal property that was acquired during that marriage. This property can include assets and income that the husband may have contributed. A skilled divorce lawyer can help ensure that your rights are protected during the division of assets in a divorce.

Community property commonly includes:

• Real estate (such as the family home, vacation homes, and more)
• Vehicles
• Bank accounts and retirement accounts
• Investments like stocks and bonds
• Business interests
• Personal belongings (such as furniture and electronics)

It’s also important to note that when a couple gets married in California, all assets and debts that are collected by either partner after their marriage are considered communal. This means that wives are also responsible for half the debt that was accrued during the marriage, and like property, it doesn’t matter who accrued the debt. Important steps before that you want a divorce include gathering all financial documents, understanding your legal rights, and consulting with a divorce lawyer to discuss the best course of action for your situation.

A wife will not be entitled to property that the husband owned himself before the marriage, any inheritance or gifts he received, or property he acquired after their date of separation. This is because this property is considered “separate,” not “communal.”

Are Wives Entitled to Spousal Support in a California Divorce?

Spousal support, commonly called alimony, is not automatically awarded to wives in California divorces. It is also not a given for husbands, either. Spousal support is a court-ordered payment that can either be temporary or permanent. This means if either spouse in a divorce believes they need spousal support, they must petition the court.

Temporary spousal support can be awarded during the divorce process to maintain the standard of living for the lower or non-earning spouse. On the other hand, permanent spousal support can be awarded after the divorce is finalized and will provide long-term support for one spouse. A spousal support lawyer can help you navigate the complexities of spousal support, ensuring that your financial interests are represented and that you understand your rights and obligations throughout the process.

A judge will consider a variety of factors when deciding whether or not to award alimony to one spouse. These may include:

• How long the marriage lasted. The longer the marriage, the longer the support periods may be.
• The disparity in income between the spouses.
• How the standard of living could be maintained for both spouses after or during the divorce.
• The age and health of both spouses.
• The contributions both spouses made to the marriage.
• Tax implications that come with spousal support.
• If there were situations of domestic violence or child abuse by either spouse.

Can Wives Receive Child Custody and Child Support in a California Divorce?

Just like with alimony, child custody and support are not automatically awarded to the wife. This is because it is the duty of California courts to put a child’s best interests first when making any decisions regarding their future or well-being. Because of this, the courts take each parent’s ability to care for their child and a variety of other factors into consideration before making custody or child support decisions. A child custody lawyer can help guide you through this process, ensuring that your rights are protected and that you have the best chance of securing a fair and favorable outcome.

California law prioritizes joint custody agreements because the state believes both parents should equally contribute to the raising of their child. If one parent becomes the primary custodian of their children, they are most likely to be entitled to child support payments. However, the sole custodian could be either the husband or the wife. The court will not consider the gender of the parent but their ability to care for their child. The cost of a divorce lawyer can vary depending on the complexity of your case, but having an experienced attorney can help ensure your rights and interests are properly represented during custody proceedings.

FAQs

How Long Do You Have to Be Married to Get Half of Everything in California?

In California, there is no specific amount of time that a couple must be married to allow them to receive shared property if a divorce occurs. Once a couple is married, community property laws go into effect, and almost all assets acquired during that marriage will be considered communal. This means that if that couple divorces, each spouse is equally entitled to half of the property collected, no matter the length of the marriage.

What Assets Are Protected in a California Divorce?

In California, assets acquired before the marriage, inheritance, property purchased using inheritance, gifts, and any assets that might be covered by a nuptial agreement are protected during a divorce. All property and debts considered community property are not protected and are subject to be divided equitably between the spouses. However, divorce law can be complex, so there are occasionally exceptions to these rules depending on a couple’s unique circumstances.

How Many Years Do You Have to Be Married to Get Alimony in California?

You do not need to be married for a certain amount of time to be eligible for alimony in a California divorce. The court will consider the length of marriage, the earning capacity of each spouse, the standard of living the couple had, the needs of each spouse, and how each spouse contributed to the marriage in order to make their decision. For marriages that lasted under 10 years, the support typically lasts for half the duration of the marriage.

Do I Need to Prove Fault to Get a Divorce in California?

No, in California you do not need to prove fault to get a divorce. The state is a no-fault divorce state, which means you can file for divorce based on “irreconcilable differences.” This simply means the marriage is broken beyond repair. There will be no blame put on either spouse for the breakdown of the marriage, and it will not impact how marital assets are divided.

What Happens to Your Debts During a Divorce in California?

Since California is a community property state, all debts incurred during the marriage are considered a shared responsibility, unless there is a nuptial agreement stating otherwise. This means credit card debt, mortgages, and car loans must be divided equally. Debts that were taken on by either spouse before the marriage or after the date of separation will be considered separate, meaning they are the responsibility of the spouse who incurred those debts.

Contact Our Lawyer Team to Get Help with Divorce Cases

To get a better understanding of what you may be entitled to in your divorce, you should work with a legal team that you can trust. Contact Steven J. Brown, Attorney at Law, to schedule a consultation and learn more about divorce laws in California.