Division of property after being married 20 years – no children involved.

My husband and I are considering divorce and are wondering if all earnings are divided 50/50. I am currently employed and he has social security and a pension from Boeing.

Asked on June 28, 2009 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

California is considered a "Community Property" state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the Superior Court if the spouses are unable to reach an agreement.   The last line is key: the matter of property division can be settled between the parties by a signed Marital Settlement Agreement.  If it is not, the property award is actually ordered and decreed by the Superior Court within the Final Judgment of Dissolution of Marriage.   As for "earnings" I am unclear what you mean.  Do you mean your Husband's pension?  That is considered property as is yours.  Your best bet is to seek legal advice and come to an agreement with your Husband. 


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