If you and your spouse enter into a written property division the courts will almost always approve the agreement. The settlement agreement must include all assets (house, cars, stocks, bonds, retirement, etc.), and liabilities (mortgages, loans, credit cards, taxes, etc.). If the parties cannot agree on a division of property, then the court will divide the parties' community property "in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage" at trial.  The Court is not required to divide community property 50/50.   The Court, in making a division, may consider disparity of income, education and training, health, age, fault in the breakup of the marriage, nature of the property, custody and any special needs of the children, and the parties' capabilities. There is no way to know for certain how the court will divide the community property --- the outcome at trial is a gamble.

A spouse's separate property consists of 

The court cannot award your separate property to your spouse or your spouse's separate property to you. Separate property must be included in the settlement agreement.  The burden is upon the spouse claiming separate property to prove that it is separate property by clear and convincing evidence.

Community property consists of property (other than separate property) acquired by either spouse during marriage. All community property must be included in the settlement agreement.

To assist the judge in determining a "just and right" division of property, each party provides the judge with an inventory of the property and debts. The inventory lists the values of the community and separate property, and the liabilities of the parties. This inventory is the judge's "road-map" to the parties' property. The judge decides the value of the property, based on the evidence whenever there is a dispute.

Spousal Support is periodic payments from one spouse for the support of the other spouse, but is referred to differently depending on whether it is ordered while a divorce is pending (temporary spousal support), court-ordered in a divorce decree (maintenance), or agreed upon by the parties as part of the terms of a final court order (contractual alimony). Either a husband or a wife can receive court-ordered maintenance.

If maintenance is court-ordered, the judge shall set a time not to exceed three (3) years, unless the former spouse cannot become self-supporting due to an incapacitating physical or mental disability. The limit on court-ordered maintenance is the lesser of:

1. $2,500.00 a month, or
2. 20% of the paying spouse's average monthly gross income.

NOTE - The information provided in this section applies to court-ordered maintenance; this section does not address temporary spousal support or alimony based on a court-approved agreement by the parties.

When is the character of the property determined?

Whether property is community or separate is determined by the time and circumstances under which it is acquired.  For instance, if a house is purchased before marriage but paid for during the marriage, the house is separate property, but the community estate might have a right of reimbursement or economic contribution for payments made during the marriage. The inception of title occurred prior to the marriage, so the house is separate property.