Your Rights In A San Jose Divorce Settlement

When getting a divorce in San Jose, negotiating a settlement is typically one of the most contentious parts of the process. However, it is also one of the most important, as it determines your ability to recover financially and make a fresh start.

Our San Jose divorce lawyer has a trusted reputation in our community and fights to get clients the maximum amount they are entitled to. The following explains your rights under California law and common factors influencing divorce settlements in the Santa Clara County Court.

California Is A Community Property State

If you are going through a divorce in San Jose, be aware that California is a community-property state. Under the California Code, anything earned, acquired, or accumulated during the marriage is divided equally. Ways this can impact your rights in a settlement:

• Marital property: Applies to homes, cars, household furnishings, artwork, antiques, and jewelry, or other personal belongings. Depending on the specific property and your needs, consider trading your share for other items or selling the property and splitting the proceeds.
• Bank accounts and other financial assets: You have an equal right to all bank accounts, investments, shares in business, cryptocurrency, and life insurance policies. Use bank records, account statements, and prior tax returns to prevent hidden assets.
• Retirement benefits: You are entitled to a portion of any pensions, 401(k)s, or other retirement benefits your spouse earned during the marriage. Depending on how long you were together, you may also be entitled to a portion of their Social Security benefits.
• Debts and liabilities: In addition to dividing marital property and assets, you must also divide any outstanding debts accumulated by either party throughout the marriage.

A San Jose divorce settlement should also address either party’s rights regarding spousal support (or alimony) in cases where one spouse makes significantly less than the other. For divorces involving children, negotiate custody arrangements as part of a settlement as well.

Factors That Impact Your Rights In A San Jose Divorce Settlement

While California law dictates an equal share of marital property and assets, factors surrounding the case can impact your rights in a San Jose divorce settlement. These include:

• The length of your marriage;
• Your income or earning capacity;
• Contributions such as supporting your spouse or providing for children;
• Any premarital property each party owes;
• Any prenuptial or postnuptial agreements in place.

Be aware that if one spouse wasted assets, such as through gambling or other addictions, is guilty of affairs or other marital misconduct, or refuses to negotiate and attempts to hide assets, it can significantly reduce the amount they are entitled to in a divorce settlement.

Contact Our Experienced San Jose Divorce Lawyer And Request A Consultation Today

California is a community property state, but numerous factors can impact the total amount you are entitled to in a settlement. Request a consultation at Argyris Mah, LLP to protect your rights and get the maximum needed to make a fresh start. Contact our experienced San Jose divorce lawyer today.

Sources:

santaclara.courts.ca.gov/divisions/family-division

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=760.

blog.ssa.gov/ex-spouse-benefits-and-how-they-affect-you/