Divorce can be an overwhelming and emotionally charged experience. Whether you own a business with your partner or have children together, divorce can be complicated to navigate. One aspect of dissolving a marriage that is often difficult is knowing what will happen financially. Determining who receives what after a divorce can be confusing, but we can help you understand this process.
At the Law Offices of Lisa R. McCall, we take divorce matters very seriously and strive to achieve the best outcome possible for each of our clients. There are many factors involved in determining what a wife is entitled to after a divorce, and each must be carefully considered to resolve the situation effectively.
How to Determine What a Wife Is Entitled To
There is no set formula that determines how much a wife will receive after a divorce. Various circumstances are involved when determining what a wife is entitled to after a marriage dissolution. A few contributing factors regarding the amount of spousal support (also called alimony) any partner receives or must give are the amount of time the couple was married, their standard of living, and even their health. Likewise, the wife’s work outside the home and the partner’s income will be factors. While traditionally, it has been men who pay spousal support to women, today, the court looks more at the income of each, their partnership, and how they had their finances established.
A wife is usually only eligible for spousal support if she makes less than her partner. A judge will decide if a wife is entitled to spousal support after evaluating several factors.
Does Child Custody Go to the Wife?
If children are involved, then a wife may be entitled to more of her spouse’s income in order to support their shared children. This is in situations where there is a disparity between the wife (if she is the primary caregiver) and her spouse’s income and she has primary custody.
If a wife has primary custody of their children, she may be entitled to child support. When partners split custody 50/50, child support varies. If the wife splits custody of her children with her partner but cannot provide for her children financially on her own, then she may qualify for child support.
Community and Separate Property
In most divorces, a wife is entitled to up to 40% of assets accumulated during the marriage. This is true unless a court decrees otherwise. These assets are called marital or community property. Such assets can include money, anything purchased with the money, and any businesses that the couple owned. In a divorce, the wife will be entitled to half of the business, but only if it’s considered community property.
Some property is not eligible to be split, including bank accounts, inheritance, and more. This is considered separate property and cannot be divided. If you are planning to divorce in Orange County, it is crucial that your property is classified correctly to avoid losing it to the divorce.
If the wife initiates the divorce, this does not affect how the assets are divided. She will still receive half of the assets as long as they’re considered community property. The one exception to this rule is if any prenuptial agreements were signed prior to the marriage. This can prevent one partner from receiving the other’s property which is protected through this agreement.
Finally, if the couple agrees on which assets will be given to whom, regardless of if it’s an even split, then this is allowed. For example, if a couple agrees to let the husband have the house while the wife keeps the business, this is allowed. This must be explained to the judge, who will sign off on the agreement.
FAQs
Q: What Assets Are Protected in a Divorce in California?
A: Any assets that are considered separate property, including bank accounts, inheritance, gifts, and more, are protected in a divorce. This prevents the other partner from accessing these assets. Also, any assets that have been split due to a prenuptial agreement are protected as well. This agreement is determined prior to a marriage, and if the marriage ends in divorce, certain assets will be restricted for each party.
Q: What Qualifies a Spouse for Alimony in California?
A: For a wife to receive alimony, she must not be able to support herself and her children independently. If the husband’s income is higher than the wife’s, she may qualify for alimony. Other factors, including each partner’s health, age, and assets, can determine if the wife qualifies for alimony. A judge will make the final decision on if alimony will be awarded, and it’s recommended to have legal representation during this process.
Q: How Long Do You Have to be Married to Get Half of Everything in California?
A: There is no marriage duration requirement to receive half of everything accumulated during the marriage. All cumulative assets during the marriage are eligible to be split if they are considered community property. Whether you’ve been married for two or 20 years, both partners can receive half of everything that is not considered separate property.
Q: What Does the Wife Get After a Divorce in California?
A: After a divorce, the wife may receive half of all community property that she and her partner accumulated during their marriage. She may also receive up to 40% of her partner’s income for alimony and child support, should she qualify. Depending on various factors such as income levels, age, and health issues, she may be eligible to receive alimony. This must be finalized by a judge, who will consider all relevant factors and decide.
Lisa R. McCall: Your Orange County Divorce Lawyer
Divorce can be a complex process to go through, and it becomes even more challenging on your own. Emotional disputes can erupt over child custody, assets, and more, and this is a situation that can be avoided. With the right legal representation by your side, you can avoid emotionally taxing situations while receiving the assets, alimony, and child support you deserve.
At the Law Offices of Lisa R. McCall, we help our clients get the best possible outcome for their situation. Regardless of the circumstances, it’s best to have a divorce lawyer by your side to help you through your situation. If you’re going through a divorce in or near Orange County, contact our team today.
