When you’ve worked hard to build something — a business, a career or a retirement account — it’s natural to feel protective of it. And if your spouse didn’t earn as much or wasn’t involved in growing that wealth, you might be wondering: Does it really make sense to split everything down the middle?
In California, fairness does not always mean what it feels like it should, and that’s where things get more complicated.
What does California law say about splitting assets?
Under California’s community property rules, everything you and your spouse earned or acquired during the marriage is generally considered shared, which includes your salary, your bonuses, your home, your investments and yes — even the business you started from scratch. It doesn’t matter who earned more or whose name is on the title. If it came in during the marriage, it’s presumed to belong to both of you equally.
There are a few exceptions, like gifts or inheritances that were kept separate, but for the most part, the law starts from a 50/50 baseline, regardless of who brought in the income.
What happens if you owned the business or brought in most of the income?
If you were the primary earner, or the business is in your name, that doesn’t automatically mean you get to keep more. The court will still treat those assets as community property, which means your spouse may be entitled to half the value — not necessarily the asset itself, but its worth.
In some cases, you can negotiate to keep the business intact in exchange for giving up a greater share of something else, like cash or retirement accounts, but that’s a discussion that takes strategy, timing and a clear understanding of what everything is actually worth.
Can you push for a more personalized split?
Yes, California courts do allow divorcing couples to agree on something different from the 50/50 default — but both sides have to sign off, which is where prenuptial agreements, postnups or smart negotiation can make a real difference.
If you supported your spouse’s career, raised the kids or stepped back from your own goals to keep the family stable, those sacrifices may not change the asset split, but they might affect other parts of the divorce, like spousal support. Still, when it comes to dividing the property itself, the court doesn’t look at emotional fairness; it sticks to what the law says.
If you are weighing your next move
Fair doesn’t always feel fair, especially when one of you put in more hours or more dollars, but that’s not the only thing that matters. If you are just starting to think about what a split might look like, this is the time to get clear on what you have, what the law actually says and what kind of outcome you want to work toward.
You don’t have to figure it all out today, but the sooner you understand your options, the better you can protect what matters to you.
