Legal Question in Family Law in California
What are the values to consider in a divorce settlement agreement to establish child support, spousal support, and property distribution? Legal separation date values or current values at the time of the negotiations?
1 Answer from Attorneys
Values of things have little or no role in establishing child and spousal support. For property distribution, values are mostly determined at the time of distribution, which in the case of a negotiated distribution would be at the time the agreement is negotiated. Exceptions would be for things that have accumulated more value due to additional contributions of earnings after separation, such as pension and 401k accounts, because earnings after separation are separate property. There may be other situation specific exceptions, but most commonly it is time of agreement/distribution that is used for valuations.