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How is money split in a divorce California?

California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court in a divorce.

Is it always 50/50 in divorce California?

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.

Is cash an asset in divorce?

Yes. Marital property can include cash, checking, savings, insurance policies with a cash surrender value, retirement accounts, and investments including stocks, bonds, and mutual funds. Marital property (and community property) is divisible in divorce.

How is wealth distributed after divorce?

California is a community property state. Therefore, a couple who amasses their wealth within their marriage is subject to share the assets composing their marital estate equally.

Is everything always split 50/50 in a divorce?

No, this is a common misconception. It is not a rule that matrimonial assets be split 50/50 on divorce; however, it is generally a starting point. The courts aim is to divide assets in a way that is fair and equal, but this does not necessarily mean half and half.

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