Tag Archives: Divorce and Social Security

When 50/50 Isn’t Always Equal in a California Divorce

Splitting your property in half, known as a “50/50 divorce,” isn’t always the best option for couples.

by Diana L. Martinez
Collaborative Lawyer and Mediator, West Coast Law & Mediation, APC

California is one of nine “community property” states as it relates to divorce. This means that assets and debts acquired and incurred during your marriage will be divided equally upon divorce. Exceptions exist for specific items received during marriage that are deemed “separate property” under the law. This includes gifts and inheritance.

This is one of the most misunderstood concepts in divorce law. Spouses often believe their divorce will be easy if they just split all of their property in half, or “50/50.” While strong emotions present a barrier to resolving issues during a divorce, not far behind is the misunderstandings by couples about the concept of what is “fair” when it comes to dividing up assets and liabilities.

From extensive experience as a mediator, consultant, and Collaborative Divorce lawyer, I am a strong advocate for giving spouses a greater voice in the outcome of their divorce. I am also a strong proponent of ensuring divorcing spouses have as much information as possible to make the best decisions moving forward.

Although the courts are required to enforce the laws, spouses in a divorce, with … Read More “When 50/50 Isn’t Always Equal in a California Divorce”