If you are involved in a divorce case in Orange County, it is important to understand the factors that may affect the division of your marital property. This may include how long you and your spouse have been married, depending on the case. The length of your marriage could potentially impact how the courts divide your marital property.
How Is Property Divided in California?
Unlike most states, California uses a community property law to determine how to divide marital property in a divorce case. Under this law, all property that is classified as marital, or part of the “community” formed by the couple during their marriage, will be divided in half in the event of a divorce. This includes both assets and debts.
Separate vs. Community Property
A couple with a longer-lasting marriage may have commingled their assets or blended them together during their years of being together. A couple that has not been married as long, on the other hand, may have kept their assets and bank accounts separate. This could potentially prove beneficial to the couple with the shorter marriage in a divorce, as the courts will not touch separate property.
Separate property is exempt from California’s community property laws. This refers to anything owned by one spouse prior to the marriage as well as gifts or inheritance given specifically to one spouse while the couple was married. If the length of a marriage resulted in less separate property and more acquired together, this will increase the list of assets split down the middle in a divorce.
Note that anything purchased or acquired after the date of separation is classified as separate property. For this reason, it is important to know your date of separation. This could mean the date that you were declared legally separated by the courts, but it can also mean when you and your spouse begin living separate lives; for example, the date that you moved into your own home.
Does Marriage Length Matter When It Comes to Property Division?
Yes and no. While the length of a marriage could affect how a court decides to divide property in a divorce case, it is less important than the principles of the community property law. Regardless of how long a couple was married, each spouse will be entitled to 50 percent of the marital property. This is how California’s property division laws work.
In California, a marriage that lasts 10 years or more is considered a long-term marriage, while one that lasts less is a short-term marriage. This distinction could potentially impact the division of property and assets if a divorce case goes to court in Orange County. As a general rule, long-term marriage cases typically lead to a more even distribution of marital assets.
However, the state’s community property law affects property division more than the duration of the marriage. The courts will assess the couple’s full marital property based on the assets acquired during the marriage. Then, the courts will award around half of this property to either spouse using California’s property division laws.
How Does the Length of Marriage Impact Other Aspects of Divorce?
The length of a marriage can affect other parts of a divorce case in California besides property division. One example is alimony, or spousal support. In California, if an individual is awarded alimony as part of a divorce, the length of the couple’s marriage can determine how long the alimony order will remain in effect. A longer marriage will generally result in a longer-lasting alimony order.
To discuss your specific divorce case and how property might be divided between you and your spouse, contact a divorce lawyer in Orange County. At Boyd Law, we offer free initial consultations at no pressure to hire us.
