Divorce after 50 by state

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.

Half each, by law Cal. Fam. Code § 2550

Community property, IRS Publication 555

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 divided

Alimony

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 § 4320

Keep 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.

Start with three numbers

The 401(k), 403(b) or traditional IRA balances being divided.

About a minute. You can change every assumption on the next page, or open the full calculator.

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.

How we check the facts and every state side by side.

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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