You probably already know that San Francisco is one of the most expensive cities to live in, and housing prices are shooting up. So what does that mean for a wife who is getting ready to split her household in a divorce? And what is a wife entitled to in a divorce settlement in California? By default, any spouse (wife or husband) in a divorce generally has the right to receive half of the community property. The court may also grant a wife the right to receive spousal support payments to sustain her after splitting from her spouse.
We get into the above-mentioned matters below, and our discussion includes what factors the court considers when it makes its decisions. If you have questions about your specific rights in a California divorce, you can talk to our award-winning legal team at the Law Offices of Ali Yousefi, P.C.
What Is a Wife Entitled to in a Divorce Settlement?
What a wife has the right to receive in a divorce settlement depends on the unique facts of her case. In general, a settlement award should reflect what a wife would likely receive after a full divorce trial, which could include:
- Child support,
- A share of the community property, and
- Spousal support.
Now, let’s take a closer look at what a court considers when making orders regarding the above-listed matters.
Dividing the Community Property
California is a community property state. And in this community property state, each divorcing spouse typically receives 50% of the couple’s community estate. However, each spouse gets to keep all of their separate property.
The community estate includes property you acquire and debts you incur after your marriage and before your separation. These debts and property could include:
- Real estate, such as the marital home or investment properties;
- Personal property, such as furniture, cars, and electronics;
- Mortgages;
- Retirement accounts;
- Stocks and bonds;
- Credit card debt;
- Student loans; and
- Business profits.
To achieve a 50/50 distribution, the court may have you and your spouse sell your property and divide the cash evenly. However, if your economic circumstances justify keeping an asset intact and awarding that whole asset to just you, the court may do that. For example, if you don’t have the credit history or income to obtain new housing on your own, you might receive the marital home in the divorce instead.
Exceptions to the Property Division Rules
A down-the-middle split may be the default for divorcing spouses in California, but it is not the standard in every case. The court may award a wife, husband, or spouse more or less than half of the community property if:
- Both spouses entered an in-court oral stipulation or a written agreement to divide the assets differently;
- One spouse deliberately misappropriated funds from the community estate,
- The court cannot locate the other spouse, and the community estate is worth less than $5,000; or
- One spouse received a civil money judgment against the other because of harm caused by the other spouse’s commission of domestic violence.
If your community estate is worth less than $5,000 and the court can’t find your spouse, you might receive the entire marital estate in the divorce.
Spousal Support
What is a non-working spouse entitled to in a divorce? Sometimes, spousal support is a non-working spouse’s right in addition to half (or more) of the community estate.
Spousal support (often called alimony) might be awarded to a wife (or any spouse) in a divorce to help the wife maintain the standard of living she enjoyed during the marriage and to help her become self-supporting. Factors the court considers when making support decisions include:
- The receiving spouse’s earning capacity,
- The duration of the marriage,
- Each spouse’s assets and obligations,
- The receiving spouse’s ability to work while taking care of any children they have,
- Each spouse’s needs based on the standard of living they enjoyed during their marriage,
- Any contributions the receiving spouse made to the paying spouse’s professional development,
- Each spouse’s age and health,
- Whether either spouse has a history of domestic violence,
- The tax consequences of a support order, and
- The paying spouse’s ability to pay.
Spouses might have to submit paperwork regarding their finances, and a spouse might have to submit to a vocational evaluation before the court rules on spousal support.
Child Support
A wife who shares a child with the spouse she’s divorcing should receive child support if she has majority custody of the child. These support payments are often monthly and typically last until the child turns 18 or graduates from high school (if they graduate by 19).
Child support payments are based on both parents’ incomes and should help ensure that the child enjoys the standard of living of each parent. The court considers each parent’s ability to pay to support the child and the child’s needs.
Whether you are settling your divorce or asking the court to make decisions about your post-divorce finances, the help of a good attorney can be crucial to you receiving everything you deserve. The Law Offices of Ali Yousefi, P.C., can gather the right evidence and make the most persuasive arguments to help ensure you have adequate post-divorce support.
We Can Champion Your Rights
In a divorce, strong legal support leads to good financial support. And our legal team at the Law Offices of Ali Yousefi, P.C., offers some of the strongest legal support in California. We have been serving the public for a decade, and our advocacy has won us multiple awards from the legal community. We are here to help you. All you have to do is give us a call or contact us online to schedule an appointment.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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