- California is one of nine community property states. The community property system divides all property that each spouse may have earned during the marriage (community property), but allows each spouse to keep the property he came to the marriage with and any property given to that spouse alone as a gift during the marriage. The law considers these latter two types of property to be the separate property of one spouse or the other. Differences in each spouse's amount of separate property, as well as a disparity in the spouses' respective earning powers, may mean that one spouse faces a lower standard of living after the divorce.
- When a California couple divorces, the law may demand that one spouse pay a certain sum of money in order to allow the other spouse to avoid a lower standard of living. Community property law is codified in the California Family Code, Sections 4300-4303 deal specifically with spousal support (also known as alimony). When a divorce court decides whether and how generously to award financial support, the Family Code allows the court to consider one spouse's projected financial need. Once the court demands spousal support from one spouse, the duty becomes legally enforceable and the supported spouse may sue to obtain such support.
- California courts will sometimes award one spouse temporary support, also known as rehabilitative support. Such support payments are not intended to continue indefinitely, but only until the disadvantaged spouse reaches some level of financial stability. In a typical rehabilitative support case, it's up to the court to decide when the need for support has ended.
- California Family Code Section 1612 allows parties to waive spousal support rights via a premarital contract. However, Sections 1612 and 1615 establish a number of requirements designed to make sure that a party waived his support rights voluntarily and without duress. Among other issues, waiving parties must have the time to look over the agreement and the option to retain independent counsel during the process. Depending on circumstances, California courts may still have the right to decide that a spousal support waiver creates undue hardship for one spouse, and decline to enforce the waiver. Note, also, that while spousal support waivers are generally acceptable, neither spouse can waive a child's right to support via the contract.
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