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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.