During a divorce, a common question is “Who gets what?” This is a vital question, as what you get in your divorce can shape your future. In the U.S., most states follow the “equitable distribution” rule during divorce. However, California is not one of these states. California follows “community property” laws, which assume that assets acquired during marriage are divided equally between the spouses.
If you are facing a divorce in San Diego, or elsewhere in California, you might be wondering, “Where does ‘equitable distribution’ come in here then?” While California’s system is not called equitable distribution, the ultimate goal is the same: achieving fairness in how assets are divided. The good news is that, through mediation, you and your spouse can work out an agreement that is not just fair but also practical. In this article, we discuss what equitable distribution means, how California’s system is different, and how mediation can help you decide who gets what.
Understanding Equitable Distribution
As stated already, most states apply the equitable distribution system when dividing assets during divorce. With equitable distribution, instead of assuming property should be divided equally, courts consider several factors to determine what is fair, including;
While the outcome can be equal or almost equal, it does not have to be. One spouse can end up with a bigger share than the other if the court finds it fair based on the circumstances.
Understanding California’s Community Property Law
California does not follow equitable distribution rules, but is rather considered a “community property” state. Under this law, in the absence of a written agreement, a couple’s community property should be divided equally in the event of a divorce.
Community property generally consists of all assets a couple acquires during the marriage. It can include;
Separate property, which includes property each spouse acquired before the marriage, inheritance, and gifts, is not subject to division during a California divorce.
So, while equitable division law is about fairness and might lead to one spouse receiving more than the other, community property is about equality (at least by default). However, couples don’t always have to stick to the exact rule. Through mediation or agreement, you and your spouse can decide to divide assets differently if you feel it is fair.
Why “Fair” and “Equal” is Not Always the Same Thing
During a divorce, equal division might not always be what is fair. Here are some examples that show why “fair” and “equal” are not always the same.
How Mediation Bridges the Gap
In California, divorcing spouses do not have to stick to the strict rules. Mediation can allow you and your spouse to explore creative solutions. It can allow you to focus on what feels fair.
A skilled neutral mediator can help you
At Likeminds Divorce Mediation in San Diego, our team can help you negotiate a property division agreement that is fair according to your unique situation. At our mediation sessions, we guide couples through each step. We help clarify which assets are community property, assess the value of each asset, explore creative solutions, and help parties negotiate, compromise, and reach a mutual agreement.
Spousal Support in a California Divorce
Spousal support, also called alimony, and property division are closely related. Spousal support is a payment that one spouse makes to the other after divorce. This payment is meant to provide financial help to the lesser-earning spouse so they can maintain the same lifestyle they were used to in marriage. Spousal support is meant to reduce financial hardship after the divorce.
When deciding who gets what, one spouse may agree to accept fewer assets in exchange for lower support payments, or vice versa. Mediation creates an environment where you can safely discuss such trade-offs. Instead of you and your soon-to-be-ex spouse fighting in court, you can work with a mediator to negotiate property division and support in a manner that feels fair to you.
Why Do Couples Prefer Mediation?
Court cases can drag on for months or even years, often costing thousands of dollars. Mediation offers a faster and less expensive alternative. More reasons why couples prefer mediation over litigation include;
Mediation can help ensure not only equality and fairness, but also practicability.
So, Who Gets What?
At the end of the day, there are no numbers that can be used to answer the question, “Who gets what in a divorce?” The answer to this question depends on what is equitable or fair. California law provides the starting point: community property is to be divided equally. However, you can deviate from this rule and shape a resolution that reflects your situation.
If you are going through a divorce in California, you do not have to go through the property division process alone. We understand how vital it is to safeguard your financial future and are here to help you navigate the process with clarity. We are here to ensure that your assets are divided fairly and in a way that reflects your family’s needs. At LikeMinds Divorce Mediation, our mediators will walk you through the state’s property division laws, explain your options, and help you draft an agreement that fits your unique situation. Contact us today to schedule a consultation and let us guide you toward a fair and practical resolution.
