The Duration of Your Marriage Matters, Even in a Community Property State Like California
How the Length of Your Marriage Affects Property Division Issues in Your Divorce
We have to deal with plenty of annoyances here in Southern California, from the smog and the L.A. traffic to the most demanding and entitled retail customers this side of Manhattan. One thing we do not have to worry about, however, is equitable distribution in divorce cases. In most states, people in the process must go before the divorce and argue that they deserve a greater share of the couple’s marital property than their spouse does, and the judge must decide on a case-by-case basis the fairest way to divide the couple’s property.
Fortunately, Californians do not have to worry about arbitrary judgments depriving us of our fair share of the marital assets. Instead, California is a community property state, where the divorce court divides the couple’s marital property evenly in half if the case goes to trial. Despite this, financial considerations in divorce vary considerably according to the length of the marriage, even in California. If you are going through a divorce and want to get a better idea of how your post-divorce finances will look, contact a California family law attorney.
The Duration of Your Marriage Matters, Even in a Community Property State Like California
Equal division of marital property in community property only happens when the divorce case goes to trial, so the property division scheme is the judge’s decision. Most divorces, even contentious ones, eventually finalize, with the couple reaching a property division agreement during mediation. Furthermore, the only property that is subject to division in divorce is marital property. This includes any assets acquired, income earned, or debts incurred during the marriage, regardless of which spouse’s name is on the pay stub, deed, or promissory note. Nonmarital assets and debts, the ones you already had when you married your spouse, are not subject to division.
The shorter the duration of the marriage, the less of the couple’s property is marital. If you married at age 38 and divorced at age 40, marital assets and debts account for only a small portion of your financial profile. You are unlikely to need alimony or be entitled to it, even if your ex had a much higher income than you. If you and your spouse bought a house together during your brief marriage, deciding which spouse, if either, keeps it and what to do about the mortgage loan or the proceeds of the sale is the most complicated part. By contrast, after a long marriage, almost all your assets are marital, so equal division might be the fairest option, especially if both spouses worked throughout the marriage. If one spouse needs alimony, this is usually obvious to both spouses, and they reach an agreement about the amount during mediation.
Contact SNR Law Group About Divorce After a Brief Marriage
A family law attorney can help you if you are going through a divorce shortly after you finish sending thank-you notes for the wedding gifts. Contact SNR Law Group in Tustin, California, to discuss your case.