Sean Penn told reporters recently that ex-wife Robin Wright took half of everything he had as a result of the end of their 14-year marriage, the New York Daily News reported.
Our Los Angeles divorce lawyers frequently report on the equal division of marital property as the result of a no-fault divorce in California. Another significant factor is whether the marriage was short-term, defined as less than 10 years, or long-term. Communal property findings can be more common in long-term marriages. The length of the marriage can also determine amount and length of spousal support.
Spousal support in a short-term marriage, when granted, is generally for half the length of the marriage. In a long-term marriage, no termination date for spousal support is set and such payments can be opened ended. This is one of the reasons you see celebrity couples -- like Tom Cruise and Nichole Kidman -- divorce near the 10-year mark.
Property division in a Los Angeles divorce can be complicated by identifying what is a marital asset. For instance, perhaps a spouse bought a house just prior to marriage but the majority of mortgage payments were made by both parties. Or perhaps that house is significantly underwater as a result of the real estate meltdown and is not an asset at all but a liability that needs hung around someone's neck.
Retirement accounts, child support and health insurance are also frequently at issue as a result of a California divorce. The state's no-fault divorce law does not mean an equal split is imminent. But it could mean your biggest fault is failure to consult with an experienced attorney as early as possible in the divorce process.
Los Angeles Divorce Attorney Mitchell A. Jacobs has dedicated his career to representing clients in all divorce, child custody and family law matters. He has been a Board Certified Family Law Specialist since 1986, a distinction obtained by fewer than 1 in 200 California attorneys. Call (310) 472-7979 to discuss your rights.
