California is a community property state. As a family law divorce attorney in San Diego one of the big questions I get asked is what does community property mean and how does it relate to my family law case?
Although this can be a complicated question, I try to keep the answer as simple as possible for my clients. Generally, any income earned during marriage is classified as community property. While there are various examples, this generally means as long as you are in a marital relationship any income you earn from a paycheck, a rental you own with your spouse, or dividends and payouts from a 401(k) plan or other stock and mutual funds will most likely be classified as community property.
Given the complexities, it is extremely important to determine how community property and divorce go together. For example, if you work, but your spouse does not, your income is still seen as community property to which 50% of it belongs to your spouse. This can have a great impact on determining whether you are able to afford to get divorced as well as if you get divorced how does this affect dividing your property.
This blog just covers how earnings can relate to community property and divorce. A future blog will discuss community property purchases and divorce.
To inquire further about community property and divorce look for a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information on community property and divorce. www.brianvictorlaw.com
