Any income earned during a marriage is community property in Orange County. This includes income which is contingent upon an event occurring. For instance, if income will not be distributed until after December and the earner must work until January to obtain the income, the income is community property to the extent it was earned during the marriage.
Even if there is a possibility that the earning spouse may not be entitled to the distribution, once the income is paid, it is community property. The key question is whether the spouse earned the income before the date of separation which renders it community property and subject to equal division. If the distribution is not based upon work performed during marriage, then it will be considered separate property.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as a premarital agreement child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off the 5 and 405 freeway at Lake Forest.
Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation and it is important to contact an attorney to analyze your situation.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
5/2011
