What Is a Wife Entitled to in a Divorce in California? 2024
Divorces can be difficult for everyone involved. There are many decisions that must be made during a divorce process as a couple works towards finding an agreement. These decisions can be contentious and difficult to work through, even when a couple begins the process with good intentions. What was once amicable can quickly become frustrating …
Divorces can be difficult for everyone involved. There are many decisions that must be made during a divorce process as a couple works towards finding an agreement. These decisions can be contentious and difficult to work through, even when a couple begins the process with good intentions. What was once amicable can quickly become frustrating and filled with anger. Knowing what you may be entitled to can help ensure that you and your attorney fight for everything you deserve.
In California, a wife is entitled to half of the marital assets and up to 40% of her spouse’s income for child support, spousal support, and other terms of the divorce settlement. If you are going through a divorce, it is important to explore the entitlements a wife has and how the final settlements are determined.
One of the divorce payments that a wife may be entitled to includes child support, should she be awarded sole custody. While parents can share custody of a child in a divorce, the parent awarded primary custody is entitled to financial support for providing that child with reasonable needs. When determining how much child support a parent may receive, the following considerations will be analyzed:
- Expenses necessary for providing for the child
- Current income and potential earning capacity
- Any assets and debts from the marriage
- A spouse’s ability to pay child support
- A spouse’s tax status
- The costs of raising the child
- The percentage of custody awarded
If a wife can support the child independently, then she may not be awarded any additional child support. However, if she is unable to, then she would be entitled to receive additional child support on top of that which is usually awarded.
A wife may be entitled to spousal support, depending on the amount of her income as compared to her spouse’s. Part of the determination for this is how long the marriage lasted and the disparity in income. However, there is no set calculation for determining support. The award is made up of several considerations that determine how much spousal support a wife may receive in the final divorce agreement. Many times, the spousal support portion of the agreement takes place in the mediation process of the divorce. The final court order will be based on the following:
- How old both partners are
- How long the couple was married
- The capacity for each spouse to be financially independent
- The mental or physical health of both partners
- What the standard of living looked like during the marriage
- The amount of the debts and assets collected during the marriage
- Any custody or visitation agreements reached
The purpose of spousal support is to ensure that each partner can maintain the standard of living that existed prior to the divorce as they each establish a new standard in their own lives.
One other major area of divorce that wives are entitled to is child custody. While it is not guaranteed, and the wife is not entitled simply because she is the mother, child custody is often decided based on what is most beneficial for the child. While the hope is that parents will reach an agreement together, the court will intervene if necessary. Should they need the court’s help with the decision, the following will be part of the considerations:
- The preference of the child
- Any previous domestic disputes
- Any previous substance abuse
- The mental and emotional health of the parents
For a wife seeking custody of her child, it is not as important to show why the other spouse isn’t the right choice as why your home can help fulfill your child’s needs.
FAQs About Wife Entitlement in a Divorce in California
What Are My Rights as a Wife in a Divorce in California?
A wife is entitled to many rights in a divorce in California. These rights include the possibility of child custody, receiving child support should custody be awarded, and receiving spousal support should it be necessary. While a wife may be entitled to these, they are not guaranteed and must meet the right qualifications.
How Long Do You Have to Be Married to Get Half of Everything in California?
Marriages in California do not have to have lasted a specific amount of time for there to be an equitable division of assets. Both spouses are entitled to 50% of the marital assets, including property, finances, and debts that were accumulated during the marriage. Regardless of how assets are bought or collected, both spouses have an entitlement to them.
Can I Get Half of My Husband’s Retirement in a Divorce in California?
All assets that were collected during a marriage can be part of the divorce agreement. That includes all investments, retirement accounts, and other finances and property collected during the marriage. Marital assets also include the contributions to a retirement account that your husband may have made during the marriage period.
What Is the 10-Year California Divorce Rule?
This rule applies to the spousal support payments that a spouse may receive in the final divorce agreement. If the marriage lasts less than ten years, then the support provided will last for a term equal to half the length of the marriage. If the marriage lasts longer than ten years, the payments will be made for a reasonable amount of time. In cases involving such a long divorce, especially if the receiving spouse is older, alimony payments may last indefinitely.
California Divorce Attorney
While a divorce impacts both parties involved, there are often many questions surrounding what a wife may be entitled to. Knowing what those entitlements are can help you and your divorce attorney fight for the most optimal outcome if you are facing a divorce. From child support to child custody to spousal support, a wife has the right to negotiate these elements as part of a final divorce agreement. If you are facing a divorce, and have questions about what you may be entitled to, contact the Law Offices of Hollie A. Lemkin.