People generally do not want to lose half of their assets when they divorce. Is a 50/50 split essentially guaranteed during California divorce proceedings?
50/50 division isn’t always fair
Frequently, divorcing couples choose to take control of the divorce process. Instead of waiting for a judge to divide their assets, they negotiate a settlement with one another. Spouses can theoretically set whatever terms they agree are fair when pursuing an uncontested divorce where they set their own property division terms.
Even in a contested divorce, a judge can follow California’s community property law without ordering a 50/50 split. In most cases, judges start the property division process with the presumption that an equal split is fair.
Knowing what to expect in a high-asset divorce can help people prepare for the process ahead. Property division can be intimidating, but spouses have the option of taking control of the process in most cases.