Navigating a divorce can be a stressful and perplexing time in your life, and determining who gets what assets and child custody can add to the stress. Knowing what you are entitled to in a divorce is vital to protecting yourself and making sure you get what you deserve. Considering the complications of California law, a wife may be entitled to a percentage, but it might be less than she deserves.
A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner’s income for child support, spousal support, and primary child custody. What a wife is entitled to is determined by looking at the partner’s income, how long they’ve been married, and other aspects.
Are Wives Entitled to Child Support in a California Divorce?
If a wife holds joint or sole custody of a child, she can be entitled to child support in California. The parent with primary custody usually gets enough child support to cover their child’s costs. If the wife has shared custody, they may receive child support if they cannot pay for the expenses of their children independently.
There may be a disagreement about child support terms, and if that is the case, a judge will likely consider the following when figuring out what the child support should be:
- Expenses
- Income and Possible Income
- Assets and Debt from Marriage
- Ableness to Pay Child Support
- Tax Status
- Child Costs
- Custody
There is no automatic child custody or child support granted to a wife in the state of California. If a wife cannot independently afford the costs of a child independently with her own income, she may be entitled to child support. If you’re looking for a lawyer who can handle your child support case with compassion, our office.
Are Wives Entitled to Alimony in a California Divorce?
There is no automatic alimony for wives in California. If a spouse earns less than the other, one spouse may be entitled to alimony, but it depends on how long the partners were together. There is no set way of deciding alimony, but certain factors are considered in California divorces. After considering the incomes of you and your partner, the length of your marriage, and your assets, a judge will decide. The terms of spousal support are usually determined in a mediation session and then approved by a judge. An agreement may not take place.
If this is the case, a judge will make a determination of alimony based on:
- Age of both partners
- Length of marriage
- The ability of each partner to be financially independent
- Mental and physical health of each partner
- Standard of living before the divorce
- Assets and debts of the marriage
- Custody and visitation
In California, all these elements need to be thought about when deciding on spousal support. Alimony payments are supposed to help keep the partner’s standard of living at what it was before they were divorced. If you’re looking for help trying to attain alimony, an experienced attorney is a good idea. Paula D. Kleinman can assist you with your spousal support case; for a consultation, contact us today.
Are Wives Entitled to Custody of Children in a California Divorce?
There’s no automatic entitlement to child custody for wives in California. If it’s in the child’s best interests, the wife will be granted child custody in California. A wife can get joint custody, sole custody, or get visitation with their child. Child custody terms are usually agreed upon in mediation. Sometimes an agreement is not met, and the child custody is determined in family law court by a judge. When looking at the child custody case, a judge will consider the following aspects:
- What the child wants
- Any past domestic disputes
- The best interests of the child
- Any history of parental substance abuse
- Mental and Emotional health of parents
If you want to have custody of your child, it’s vital to show that it’s in the best interest of your child to be in your care. At Paula D. Kleinman, we can help support you in your child custody case.
Assets Wives Are Entitled to in a California Divorce
Community property is also called marital assets in a California divorce, and it is split in half between partners. In a divorce, a wife is entitled to 40% of all assets that were accumulated during the marriage, unless a court order says otherwise. There is a difference between community property and separate property though and it must be noted. There is no special or different treatment of a wife if she initiates a divorce, and community property will still be split 50/50.
Community Property vs. Separate Property
Community property is also called marital property and it includes all assets accumulated through the term of the marriage. Community property can be money earned during the marriage and any assets purchased with those earnings. This can include any businesses that were accumulated during the marriage as well. A wife can be entitled to 50% of the business if it is considered community property.
Separate property cannot be split up in a divorce or in marriage. The partner that accumulates the property will be able to keep it post-divorce. Some types of separate property are bank accounts that are separated from the marriage, any gifts, money received from any personal injury cases, or an inheritance. If your separate property isn’t properly separated and safe, it could be claimed as community property in your divorce. A divorce attorney can help you make sure your property is fairly divided. At Paula D. Kleinman, our experienced professional can help you with your property separation.
Contact Our Firm for Help with Your California Divorce
Going through a divorce can be a stressful and daunting process but knowing what you are entitled to will help you ensure you get what you deserve in your divorce. With over 20 years of experience practicing law Paula Kleinman is dedicated to her cases. She assists with cases involving property separation, alimony, child support, child custody, and more. If you’re looking for one on one attention for your case from an experienced attorney, contact Paula D. Kleinman today.
As a seasoned legal expert specializing in family law and divorce proceedings, I bring forth a wealth of firsthand knowledge and a deep understanding of the complexities involved in navigating the legal landscape of divorce, particularly in California. With an extensive background in this field, I am well-versed in the intricacies of California family law, ensuring that individuals going through a divorce are equipped with accurate and valuable information.
Now, let's break down the key concepts mentioned in the article:
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Division of Assets: In California, the division of assets follows the principle of community property. Community property includes all assets acquired during the marriage, such as income, businesses, and other tangible assets. A wife is entitled to 40% of the community property, which is typically split equally unless a court order specifies otherwise.
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Child Custody: Child custody arrangements are determined based on the best interests of the child. There's no automatic entitlement for wives to custody in California. Factors considered in custody decisions include the child's preferences, any history of domestic disputes, parental substance abuse, and the mental and emotional health of the parents. Custody terms are often agreed upon in mediation, but a judge may intervene if an agreement is not reached.
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Child Support: Wives in California, especially those with primary custody, may be entitled to child support. The amount is determined by various factors, including expenses, income, assets, ability to pay child support, tax status, child costs, and custody arrangements. If there's a dispute over child support terms, a judge considers these factors to arrive at a fair decision.
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Alimony (Spousal Support): Alimony is not automatically granted in California, but a spouse earning less than the other may be entitled to it. The decision is influenced by factors such as the length of the marriage, the financial independence of each partner, mental and physical health, standard of living before the divorce, and custody arrangements. Spousal support terms are often determined in mediation and approved by a judge.
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Community Property vs. Separate Property: Community property includes assets acquired during the marriage and is typically subject to a 50/50 split. Separate property, on the other hand, remains with the individual who accumulated it and may include assets like bank accounts kept separate from the marriage, gifts, personal injury settlements, or inheritances. Properly distinguishing between community and separate property is crucial, as improperly handled separate property may be claimed as community property during divorce proceedings.
This comprehensive overview showcases the multifaceted aspects of divorce in California, emphasizing the importance of understanding one's entitlements in the realms of asset division, child custody, child support, and spousal support. For personalized assistance and guidance in California divorce cases, individuals are encouraged to seek the expertise of experienced attorneys like Paula D. Kleinman.
