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California Divorce Information Property Ownership For Divorce Purposes "Pure" community property state, which means the marital property is divided 50/50, without taking into account any factors found in equitable distribution states and some other community property states. That said, see the statutes for several exceptions. Marital fault is not a consideration when dividing property in California. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Income from separate property; however, to the extent the income resulted from either spouse's efforts during the marriage, it is considered marital. Alimony At the court's discretion. Marital fault is not considered, except domestic violence. Alimony terminates upon the death of either party, and upon the receiving party's remarriage. Child Support: Income shares method, which means the income of both parents is considered. Emancipation is age 18 unless still in high school, in which case it is graduation from high school or age 19, whichever comes first. Courts generally do not order payment of college education costs. Child Support Calculator. Child Support Enforcement The California child support enforcement agency can be found at: Divorce Related Statutes For California http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 Other Resources The Divorce Financial Survival Series |