Divorce after 50 in California
Yes. California law requires the judge to split community property, meaning what either of you earned or bought during the marriage, equally in half unless you both agree otherwise.
How long it takes
- Living in the state before you file
- 6 months
- Plus 3 months in the county where you file.
- Cal. Fam. Code § 2320
- Wait after filing
- 6 months from service
- Counted from service, or from when your spouse first takes part in the case if sooner. For a joint petition, from the day you file.
- Cal. Fam. Code § 2339
- Court filing fee
- Not yet checked
Retirement accounts
Money paid into a pension, 401(k) or other retirement plan while you were married is community property, so you have a right to part of it even if the plan is in your spouse's name.
Cal. Fam. Code § 2610 How a 401(k), IRA or pension is dividedAlimony
Decided on factors
Long-term spousal support in California has no formula: the judge weighs a list of factors such as the length of the marriage, your ages, health and earning ability.
Cal. Fam. Code § 4320Keep the house, or the 401(k)?
The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.
Questions about California
Is California a 50/50 divorce state?
Yes. California law requires the judge to split community property, meaning what either of you earned or bought during the marriage, equally in half unless you both agree otherwise.
Is California a community property state?
Yes. California is one of the community property states listed by the IRS. Property acquired during the marriage is generally owned equally and divided equally, with exceptions for gifts, inheritances and what each spouse brought in.
How are retirement accounts divided in a California divorce?
Money paid into a pension, 401(k) or other retirement plan while you were married is community property, so you have a right to part of it even if the plan is in your spouse's name.
This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.
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