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The community property rules and 50/50 split are the default rules for a California divorce. That does not mean the parties are bound by those rules. Parties can sign a prenuptial agreement before the marriage that restricts which property and income do or will belong to each party.
Protecting Your Money in a Divorce Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. Open accounts in your name only. Sort out mortgage and rent payments. Be prepared to share retirement accounts.
Though it is clear now what a womans property rights are after a divorce, it is still important to know the rights she has to her husbands property while they are married. The wife will be authorised to a 50% share of the husbands property, including his ancestral property.
If your spouse isnt guilty of any misconduct, you may ask the court for a legal separation if you and your spouse have lived separate and apart, without reconciliation, for a minimum of two years.
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouses job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
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What assets am I entitled to in a divorce in Louisiana? Generally speaking you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise).
A wife is not legally entitled to her husbands self acquired property and can only enjoy her husbands self acquired property till her husbands death. A wife cannot claim her husbands property before or after divorce. At most, a wife can only claim money for her maintenance or alimony.
During your marriage, you probably made financial decisions based on your combined incomeand so did your wife. As a result, when the time comes to divorce, the two of you must divide your assets and shared debts equitably.
Many attorneys would tell you that there arent really any advantages to who files for divorce first; however, I think there are some advantages that should be considered: You have time to emotionally, mentally and financially prepare yourself for the fallout, with less surprises.
Even if only one spouses name is on the title of any cars, boats, trailers or RVs, in Louisiana, the other spouse still has a half interest in the item if it was purchased during the marriage.

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