People divorce for all types of reasons. Adultery. Physical violence. Emotional violence. And sometimes, they are tired of each other and can’t bear to live in the same house anymore. Lawyers often get questions such as, “Do I get extra because my spouse cheated?” The short answer is, “No.” California divides assets equally because of the fault or no-fault divorce rule.
What is a No-Fault Divorce?
California is a no-fault state, which means the law allows you to divorce for any reason or no reason. You only have to allege “irreconcilable differences.” Proving your spouse wronged you could take a lot of money and time. Because California is a no-fault state, you do not have the hardship of establishing your spouse did anything wrong. You can file for divorce, go through the process and move on without the added stress of reliving what you believe to be incorrect.
Asset Division
Since California is a community property state, the marital property you accumulated during the marriage is divided in half. Other states – those that are not community property states – divide using equitable distribution. The court looks at several factors to determine which spouse gets what. It starts at 50/50, then the court adds and subtracts percentages based on the spouses’ actions during the marriage, their current and future earning capacity, and whether one spouse receives spousal support.
In some states, such as Florida, the court looks at whether one spouse committed adultery. Even though Florid is also a no-fault state, the court may hold the adulterous spouse responsible by awarding the other spouse more of the marital assets.
California is just the opposite. You get half of any asset considered marital – property you bought with marital money during the marriage.
What is Marital Property?
A family law attorney can tell you what is and isn’t marital property as some things “cross the line.” However, if you bought it during the marriage, it is usually marital property. Also, if you purchased it with funds earned during the marriage, it could be marital property.
Certain things are not marital property, such as an inheritance that does not name your spouse and property purchased before the marriage. However, if you bought property before the marriage and used marital funds to maintain it, that property usually becomes marital property.
As for retirement accounts, the portion deposited in the account before the marriage remains non-marital property. The portion deposited during the marriage and any interest earned is usually marital property.
Because California does not look to fault during a divorce, you can’t offset property division with a spouse’s errant behavior.
Contact a California Divorce Attorney
If you are ready to file for divorce or have been served with divorce papers, contact a California family law attorney to ensure your rights are not violated. You are entitled to half of the property since California is a no-fault state. Your initial divorce consultation is free.