Property, debts and support in a divorce

Community and separate property

California is a community property state. In general, property and debts acquired during the marriage belong to both spouses equally, and the court divides them equally unless the spouses agree otherwise. Separate property generally includes what each spouse owned before marriage and what they received by gift or inheritance. Property can be mixed, and tracing rules can apply.

Retirement accounts, homes, businesses and debts can all involve community and separate portions. Some retirement divisions require a special court order.

Disclosures

Spouses must fully disclose income, property and debts to each other. Failing to disclose can lead to penalties and to the court revisiting the division.

Child support

Child support is calculated using the statewide guideline formula, based mostly on each parent’s income and the amount of time the child spends with each parent. The California Department of Child Support Services offers a guideline calculator, and local child support agencies can help open and enforce cases at no cost.

Spousal support

Temporary spousal support is often set during the case using local guidelines. Longer-term support is decided using a list of factors in the Family Code, such as the length of the marriage, each spouse’s earning ability, and the marital standard of living.