What is a Wife Entitled to in a Divorce in California?
By Stephane Quinn | By Quinn & Dworakowski LLP |If your marriage is ending, it is natural to wonder about the effects your divorce is likely to have on the rest of your life. Both spouses may worry about their finances, and there are many misconceptions about how property division works in California, but what is a wife entitled to in a divorce in California? The reality is that both divorcing spouses have the same rights under California’s community property law.
Understanding Property Division in a California Divorce
Ending a marriage is more than just canceling a marriage contract. It is also a formal legal process of dividing ownership rights over the couple’s property. Most states in the United States follow equitable distribution laws that lead to more nuanced property division proceedings in divorce, but California is one of a few states that enforce a community property law. Many see this as overbearing, while the intention is for it to be straightforward and as fair as possible.
US Census data from 2023 reported that 10.5% of women and 7% of men in California have been divorced. No matter how long a couple is married in California, and regardless of any unique issues present in their divorce, property division will always follow the state’s community property law. Both spouses are entitled to exactly half of all shared assets and debts in their divorce.
Resolving Property Division in Your Divorce
Before property division can happen in any California divorce case, both of the divorcing spouses must provide a financial disclosure statement showing the full extent of their assets and debts. It is vital for this statement to be complete and accurate. Any intentional omissions or obfuscation can lead to severe penalties, including contempt of court.
Each spouse has the right to claim separate property, such as assets they owned prior to their marriage, gifts they have received, including from each other, and anything provided to them in a donatory capacity. Additionally, if a spouse has received any inheritance from parents or other family, they can count this as separate property. Separate property can also apply to debts if it can be proven that only one spouse is truly responsible for acquiring the debt.
Many people mistakenly believe that a divorcing wife is in a better position than her husband when it comes to the financial aftermath of a divorce, but this isn’t true under California’s community property law. Part of the reason behind this misconception is that, traditionally, many married women earned less income than their husbands, so they would typically receive spousal support as part of their divorce agreements to account for their lower income.
Beyond property division, divorce in California can also entail child custody determination, which also involves a child support agreement, and in some cases, spousal support also comes into play. Every divorce will entail unique issues, so it’s vital to have an experienced attorney on your side who can provide individualized attention to the issues you are likely to face in your divorce.
The attorneys at Quinn & Dworakowski, LLP, have years of experience handling divorce cases for clients throughout California, and we can put this experience to work for you. If you are preparing to divorce and have questions about property division under California’s community property law, reach out to our team and learn how we can help with your case.
FAQs
Q: What Counts as Community Property in a California Divorce?
A: In a California divorce, community property includes any assets and debts acquired by either spouse during their marriage. This can include income earned by both spouses, real estate purchased while married, and any other assets acquired using shared funds. Married couples also assume joint responsibility for debts acquired during their marriage. Your attorney can help you determine which assets and debts qualify as community or separate property in divorce.
Q: Does Each Spouse Always Get Half of Community Property in Divorce?
A: Generally, yes, each spouse will always get half of their community property in a divorce. California’s community property law allows both spouses to keep individual separate property, but all shared property is divided evenly. The divorcing couple may need to sell certain assets and divide the proceeds, and it is also possible for them to exchange assets based on their respective values.
Q: What Counts as Separate Property in a California Divorce?
A: In a California divorce, separate property can include anything a spouse owned prior to their marriage, such as a home or other real estate, gifts given solely to them, and inheritance they have received from blood relatives. However, under certain conditions, some separate property can be transmuted to community property if the other spouse contributed to maintaining or improving the property during their marriage.
Q: How Do You Prove Hidden Assets in Divorce?
A: Your divorce attorney can help you prove hidden assets in divorce. If you believe your spouse has hidden assets of any kind, your attorney can help you gather the evidence you need to prove this. Failure to provide a complete and accurate financial disclosure statement in divorce is a serious issue that often leads to contempt of court. The spouse at fault for this could be penalized in various ways and may be held responsible for the other spouse’s legal expenses.
Q: Why Should I Hire a Divorce Lawyer in California?
A: You should hire a divorce lawyer in California to ensure the fairest possible outcome to your property division and other elements of your divorce. Even if you and your spouse are on relatively agreeable terms, the reality is that divorce is inherently contentious and emotionally stressful. Having legal counsel that you trust on your side allows you to approach the situation with greater confidence and a better chance of reaching a positive outcome.
Ultimately, divorce is financially straining for almost everyone who goes through it, and having the right attorney on your side can make a tremendous positive difference in the outcome of your divorce case. Quinn & Dworakowski, LLP, can provide the compassionate legal support you need in this difficult situation, so reach out to our team at your first opportunity to schedule a consultation and learn how we can help.
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