Property Division Attorneys in Aliso Viejo
Compassionate Family Lawyers Serving Orange County
Property division can be an incredibly stressful and emotionally draining part of a California divorce, especially if the couple has built up significant assets together. When spouses decide to part ways, they must divide the property they’ve accumulated, such as furniture, electronics, real estate, stocks, retirement funds, investments, and outstanding debts.
The distribution of assets and property can be stressful for many reasons, especially if there is existing tension or conflict leading up to the divorce proceedings. In these cases, securing support from a trusted family lawyer is invaluable. At Creative Family Solutions, our compassionate property division lawyers have extensive experience representing Aliso Viejo families in a range of divorce matters, from complex property division to high-asset divorces.
For many people, divorce is one of the toughest life seasons they will ever experience. That’s why our firm is committed to making the legal proceedings as swift and pain-free as possible for you and your loved ones. If you’re preparing for divorce in Orange County, you don’t have to fight this battle alone. Our dedicated Aliso Viejo family lawyers can guide your steps with wisdom and integrity while fighting to protect what’s rightfully yours.
Preparing for family court in California? Our firm can help protect what’s rightfully yours. Contact us online to request a consultation.
Comprehensive Services for Asset & Property Division
When it comes to protecting what’s yours in an Orange County divorce, it’s imperative to work with an experienced family lawyer you can trust to keep your best interests at heart. Our in-depth understanding of intricate family laws and complex property division in California allows couples to rest easy in knowing that their assets are protected.
Our knowledgeable attorneys provide comprehensive legal services for property and asset division in Aliso Viejo and beyond. We understand the extensive time and hard work that goes into building financial security, which is why our compassionate advocates will fight to protect your livelihood, business, retirement funds, and other means of financial support at all costs.
During a California divorce, the court will conduct an inventory of all assets and property accumulated during the marriage to ensure each party is treated fairly during the process. The sheer quantity of assets can be overwhelming to identify and valuate without adequate preparation, making it all the more important to seek sound legal counsel from a qualified family lawyer. Common assets to be divided during a divorce include:
- Retirement funds
- Employment benefits
- Real estate properties
How Is Property Split in a California Divorce?
There are two types of U.S. states when it comes to property division during divorce: community property states and equitable distribution states. Community property states generally divide property with the assumption that all assets accumulated during a marriage are equally owned by both partners (“community property”).
However, equitable distribution states divide property and assets between divorcing spouses according to what the judge deems fair and just. As an equitable distribution state, California courts seek to divide all property fairly (“equitably”) during a divorce. It's crucial to note that equitably does not mean equally.
While it's possible for couples in equitable distribution states to receive a roughly equal split of property and assets in a divorce, there's no guarantee of a 50/50 split in California. To distribute a couple’s assets as equitably as possible, the judge can consider a variety of factors, such as:
- Each spouse’s income
- The length of the marriage
- Each spouse’s health and age
- Any outstanding debts or liabilities
- The earning capacity of each spouse
- Any separate property owned by either spouse
- Each spouse’s financial contributions during the marriage
While this is by no means an exhaustive list, it can be a worthwhile starting point for couples preparing for the division of property, assets, and retirement accounts in an Orange County divorce.
Retirement Division in a California Divorce
While some assets are fairly simple to distribute equitably during divorce, other items can be more complex to divide between divorcing spouses in California. A common concern for many couples entails the division of retirement accounts. Often, retirement benefits are one of the most valuable assets to be distributed between couples, often involving the division of items like:
- Pension plans
- Employment benefits
Is my spouse entitled to a portion of my retirement plan?
It depends. As you can imagine, the judge’s decisions regarding the division of retirement funds and other assets will depend on each couple’s unique circumstances. In California, retirement accounts are generally considered community property or jointly owned property, meaning that each spouse will likely receive a partial share.
Although retirement funds are generally considered community property, this doesn’t mean that each spouse’s share will be equal. California courts can take these details into account during asset distribution by considering what percentage of retirement funds are truly jointly owned (e.g., contributed by a spouse during the marriage) and what portion of the funds are separately owned.
For example, if one spouse invested in their retirement plan for twenty years but was only married for ten, the court will likely take this ratio into consideration while dividing retirement benefits.
Helping Aliso Viejo Families Protect What Matters Most
Our compassionate team at Creative Family Solutions understands the heavy toll that divorce can take on California families. From child custody to alimony to complex debt and retirement division, there are many worrisome factors that couples must consider after deciding to end a marriage. That’s why our dependable legal advocates are here to help you navigate the complexities of divorce proceedings without losing sight of your personal needs and goals.
Our firm has over 6 decades of combined experience, making us well-equipped to represent families throughout Orange County in a variety of family law matters. You can count on our trusted counsel to guide you through the intricacies of your California divorce. When you turn to our family lawyers, you can rest assured that we’ll prioritize the well-being of you and your loved ones from start to finish.
The division of property and assets during divorce can be nerve-racking, but you don't have to do it alone. Call (916) 675-3866 to discuss your case with a skilled family lawyer in Aliso Viejo.