Property Declaration

In California, a marriage that lasts under 10 years will have a set duration of alimony, which is typically half the length of the marriage.

California is a community property state. In plain English, this means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally.

There is no minimum length of marriage that will guarantee a 50/50 division of anything.

However, this issue quickly becomes a complicated legal matter and should be discussed with an attorney. You can live together for one year or 20 years, but unless you meet very specific criteria you won't be considered married by common law.

While community property is the law in California, there are ways for married couples to avoid it. For couples who have not yet wed, the answer is a prenuptial agreement, also known as a premarital agreement. Both parties must have their own attorneys to ensure fairness regarding the settlement.

Upon divorce in California, you may be entitled to spousal support. A spousal support order requires one spouse or domestic partner to pay the other a specified amount of money each month. When determining whether to award spousal support, a judge will consider several factors, such as: Length of the marriage.

Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property.

Under California Law, the general presumption for duration of support is one-half the length of the marriage, for marriages of fewer than 10 years. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).