California’s Property Division and Support Laws: Can You Opt Out of Them?
Posted on: July 19, 2018
If you get divorced in California what rights do you have regarding how much support you will pay and how property is divided? The state is what’s known as a community property state, which means that marital assets are split 50 / 50. There are also specific state laws regarding how much child support and alimony will be paid. But do you have options? Is there any option for opting out? Read on for answers to these questions and then contact Kendall Gkikas & Mitchell, LLP at 909-482-1422 for more information.
A prenuptial agreement can get you out of property division laws
There are options to get around the community property statutes in California – but not unless you and your spouse agree. If you do, then you can file a prenuptial agreement that specifically states that you and your spouse are going to split property the way you see fit. If you are getting divorced when you decide not to follow community property laws, then you can simply do so – just split things the way you would like and get a judge to agree. Just do not do this without an attorney.
A prenuptial agreement could affect how much spousal support you pay – but it may not
Just as is true of property division, if you and your spouse get together before you are married and draw up a prenuptial agreement that includes specifics on alimony then in most cases that will be followed upon divorce. That said, there are a few exceptions. Most notably, if the judge finds that the previous agreement should not be valid for a specific reason, such as if one spouse has become disabled and unable to work since the agreement was signed.
You cannot decide how much child support to pay
A prenuptial agreement cannot include information about how much child support should be paid and who should receive it. While you can decide between your spouse and yourself things that only affect the two of you, child support is considered the right of the child and any agreement between the parents violates that right. Note that this does not mean that you do not have any rights. Your attorney is there to make sure that accurate information is obtained and given to the judge.
Do you still have questions? Contact us today for a legal consultation
You are not in this alone. All you need to do is reach out to Kendall Gkikas & Mitchell, LLP at 909-482-1422 and ask for a legal consultation. We will set up a time for you to speak to a partner. You can go over your case, let us know what your concerns are, and ask us any questions. While we do provide blogs to give our clients and potential clients general information about family law, the reality is that every situation is different. The only way to know for sure what your options and responsibilities are is to contact an attorney.