Entering the divorce process is one of the most difficult experiences a person can face. It can be easy to feel disadvantaged because marriages entering divorce are often marked by disparities in financial capital, assets, and decision-making power. Many worry these imbalances can carry over to family court. During such times, it is reasonable to wonder, “What is a wife entitled to in a divorce in California?”
Experienced Family Lawyers in Napa, California
For over 10 years, Hayes Family Law has assisted the people of California with a range of family law issues. With an emphasis on client support and personalized representation, our talented California divorce attorneys are dedicated to providing comprehensive and results-oriented counsel.
Community Property
In the state of California, regulations governing divorce and asset division are set forth in the California Family Code. Under these regulations, the division of assets follows the concept of community property.
This means that assets accumulated during the life of a marriage are considered to be owned equally between spouses. This applies to assets such as property, investments, bank accounts, and debts.
Under community property, a wife can legally claim 50% of marital assets. There is no minimum amount of time that a marriage needs to have lasted for this to apply. It is important to remember, however, that assets acquired before a marriage are not subject to this doctrine. These are considered separate property and belong to whoever acquired them.
Child Support and Spousal Support
In addition to an equal division of assets, a wife in the state of California is generally entitled to two forms of support. These include child support and alimony.
- Child support: This is a critical form of support. In California, 26% of households are headed by mothers with children. Should a wife be awarded primary custody of a child in a divorce, they are entitled to financial support as a percentage of a spouse’s income to assist with childcare.
- Spousal support: Also known as alimony, this is meant to ensure that a spouse is able to maintain the lifestyle they had while married, and may be mandated by a court order. If a marriage lasts less than 10 years, support will be provided for a term equal to half the length of the marriage. If it lasted longer, payment amounts and their lengths may vary.
Financial issues are not the only matters that need to be resolved during a divorce. Issues like child custody and parenting plans are also difficult for many spouses to work through.
ATROs and Access to Assets
Access to assets and changes in parental custody can be limited once a divorce is filed. Once divorce has been initiated, both spouses are put under an Automatic Temporary Restraining Order (ATRO). Also known as financial restraining orders, these are meant to stop either party from manipulating their financial or parental roles before a divorce is finalized.
Under an ATRO, prohibited acts include:
- Making excessive purchases
- Moving large amounts of money around
- Transferring money
- Buying high-value assets
- Taking a shared child outside of the state
These restrictions are designed to keep both parties responsible for an orderly and equitable divorce procedure.
Why Choose Us?
When you hire a divorce lawyer, it is critical to find an attorney familiar with relevant divorce laws and with a proven track record of success. With hundreds of hours of litigation experience, the dedicated attorneys at Hayes Family Law are prepared to be stalwart advocates on your behalf.
Having litigated across Napa Valley, our attorneys have appeared in local courts, including the Historic Courthouse, building professional relationships and navigating family law matters. No matter the type of divorce case, our experienced lawyers will be by your side to provide peace of mind.
FAQs
Who Has to Leave the House in a Divorce in California?
Who has to leave the house during a divorce depends on the circumstances. Under community property law, both spouses have a claim to a house acquired during the marriage.
If it is separate property, whoever acquired it outside the marriage has a right to reside there. If a marital home is communal property and neither spouse agrees to leave, a court may issue a residency order to determine residency during divorce proceedings.
How Long Do You Have to be Married to Get Half of Everything?
There is no limit on the amount of time a marriage needs to have lasted for a spouse to be entitled to half of their marital assets. Under the community property doctrine, everything acquired during the life of a marriage is considered equally owned by the spouses. Assets obtained before a marriage are exempt from this division and are considered separate property.
What Are My Rights as a Wife in California?
A wife going through a divorce in California can expect certain rights when it comes to support. This includes child support and alimony.
If a wife has full custody of a child, they may be entitled to a portion of their spouse’s income for childcare assistance. Likewise, a court may determine that spousal support be awarded to a wife to maintain the lifestyle they had while in the marriage, although this is subject to certain conditions.
What Money Can’t Be Touched in a Divorce?
Once a divorce has been filed, certain money cannot be touched. This is due to the issuance of an Automatic Temporary Restraining Order (ATRO) that limits each spouse’s actions. An ATRO does not allow dramatic changes to a person’s financial situation while a divorce is being filed.
While day-to-day funds can be accessed without any risk, actions such as moving large amounts of money, obtaining property, or spending large sums are prohibited under the terms of an ATRO.
Hire a Divorce Lawyer
While entering divorce proceedings can be overwhelming, you are not alone. Whether simple or complex, everyone deserves advocacy when dealing with asset division during a divorce proceeding. Allow the experienced attorneys at Hayes Family Law to give you peace of mind. Contact us today to learn how we can help you.
