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Please choose an area of practice to review: What is community property? From the day a couple marries to the day they separate, they will be treated as a single economic unit called the "community." Everything acquired during the marriage – assets and debts – is community. It is owned equally. Each is fully liable. We do not ask who earned the asset or who created the debt; we assign fifty percent to each person, including retirement. There are exceptions – see separate property. In the divorce process, one task is to divide assets and liabilities equally. That does not mean that each asset and liability is split in half. Rather, each will leave the marriage with the same value. Separate property is the opposite of community property. Separate property belongs only to one spouse who may have owned it before marriage, received a gift, or an inheritance during marriage. If the separate property has remained separate or is traceable, it is assigned to the person whose property it was originally. If it has been "commingled" and cannot be traced, it might become community property. In California, one is not required to remain in a personal relationship. They may withdraw without stating a reason. Or, for no reason at all. This is called "irreconcilable differences." There is no requirement that the differences be described. It does not matter to the court what your spouse has done during your marriage. It is not possible to prevent a divorce in California, if one spouse requests it. California believes that children are benefited by having two parents in their lives. California law calls for "frequent & continuing" contact with both parents...absent issues of safety. The law does not favor mothers or fathers. It is the child's "best interest" which is our standard. I have heard about different kinds of custody. What is that about? Legal Custody is the right to make decisions about the health, education, religion and welfare of the children. In all but the most unusual cases, parents share joint legal custody. Physical Custody – goes to the parent who provides
the children's primary residence...the parent with whom the children
live most of
the time. Joint physical custody does not mean that the children spend
equal time with each parent, but it does mean that the children are
with each parent for significant periods of time. Support – Child support is not a tax event. Spousal support is taxed as income to the recipient, and deductible by the payor. Spouses may agree otherwise when considerable savings benefit both. Property Division – Property may be allocated between divorcing spouses without triggering certain taxes. For example, if the family home is transferred to one spouse, the property taxes may not be reassessed upward. Other examples of assets with tax concerns include retirement and tax deferred assets, stock options, real estate, and investment accounts. Taxes – Divorcing couples make decisions about filing joint returns,
claiming the children as dependents. Your attorney can help you allocate
the tax benefits to reduce the total tax burden for both parents. How much support may I get – or have to pay? Child Support – California applies a specific formula to four factors: the two net incomes, the number of children, and the amount of time the non-custodial parent spends with the children. Arriving at the numbers – especially the net incomes – can be complicated, as can applying the formula. Computer programs are available and are used by the court to determine child support. Spousal Support (alimony) – For "permanent"
support, the court weighs a series of factors, including the age and
health
of the
parties, the length of the marriage, and the marital standard of living. How long will I receive, or pay support? Child Support – The obligation to pay child support continues until the child is eighteen, or if the child is a high school student, when the child is nineteen or has finished the twelfth grade, whichever first occurs. Spousal Support – There is no statute setting the length of time for spousal support. A common measure is one-half the length of the marriage, but results vary.
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