California is a community property state. Prior to a marriage all income and assets are considered that parties' separate property. After marriage all income and assets acquired with that income are considered California community property and are divided between the parties on a 50/50 basis at the time of dissolution according to California community property law. Community property income and assets acquired by this income include retirement benefits, stock, stock options, real property, business interests, business entities and personal property. A California QDRO (qdro, Qualified Domestic Relations Order) is issued by the court to divide retirement benefits. After the "date of separation" all income and assets purchased with that income are determined to be that parties' separate property.

Many times "separate property" and "community property" is mixed as in the situation wherein a home was purchased prior to marriage with the separate property of a party but a portion of the mortgage was paid with "community property" income after the marriage. Should you have major assets it is always prudent to obtain representation to ensure a fair division of property is achieved.

Debts accrued during marriage are community property debts and will be divided equally at the time of dissolution. Some debts, such as student loans, are deemed to be the separate debt of the party incurring it. It is advisable to obtain representation to determine which debts will be considered community property.