CALIFORNIA FAMILY LAW RETIREMENT DIVISION
FAMILY PRACTICE SACRAMENTO - FAMILY ATTORNEY CALIFORNIA
All marital property acquired during the marriage should be divided equally. The "marital" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. Any property possessed by either spouse during the marriage is presumed to be marital property unless it can be shown that the property is actually separate property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.
How is property divided at divorce?
It is common for a divorcing couple to decide about dividing their property and debts themselves, rather than leave it to the judge. But if a couple cannot agree, they can submit their property dispute to the court, which will use state law to divide the property.
Division of property does not necessarily mean a physical division. Rather, the court awards each spouse a percentage of the total value of the property. It is illegal for either spouse to hide assets in order to shield them from property division. Each spouse gets items whose worth adds up to his or her percentage.
How do we distinguish between marital and non-marital property?
Very generally, here are the rules for determining what's Marital property and what isn't:
- Marital property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are marital property debts.
- Non-marital property of one spouse includes gifts and inheritances given just to that spouse, personal injury awards received by that spouse, and the proceeds of a pension that vested (that is, the pensioner became legally entitled to receive it) before marriage. Property purchased with the separate funds of a spouse remain that spouse's separate property. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered Marital property if the business increased in value during the marriage or both spouses worked at it.
- Property purchased with a combination of separate and marital funds is part marital and part non-marital property, so long as a spouse is able to show that some separate funds were used. Non-marital property mixed together with marital property generally becomes marital property.
California divorce laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney Gregg Anderson before making any decisions regarding your divorce matters.
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