Divorce is one of the most financially consequential decisions you’ll ever make. The settlement you reach or that a judge orders shapes your finances, your housing, and your daily life for years to come. In San Bernardino, knowing what to ask for is the difference between starting over with a fair foundation and playing catch-up for a decade.

According to the Institute for Family Studies, the lifetime divorce risk for first marriages sits at roughly 40%, and the CDC recorded approximately 663,000 divorces in 2024 alone. Most of those people share the same question: what does a fair settlement actually look like?

In San Bernardino, California the answer starts with community property law and the details matter more than most people realize until they’re already in the middle of it.

California is one of only nine community property states in the U.S. Under California Family Code §§ 760–765, nearly everything acquired during the marriage is owned equally by both spouses income, real estate, retirement contributions, vehicles, and joint accounts all fall under this umbrella.

Assets owned before marriage, gifts, and inheritances are considered separate property and are not subject to division. That said, separate property gets complicated quickly when it’s mixed with marital funds, a common occurrence in long marriages. Under Family Code § 2581, jointly titled property is presumed to be community property unless clear documentary evidence says otherwise.

If you believe an asset is separate, the burden of proof falls on you, and that documentation needs to be airtight before you enter any negotiation.

A thorough settlement goes well beyond the family home. Many people focus on the obvious and overlook assets that carry significant long-term value. Your agreement should explicitly address the marital home and any rental or investment properties, bank and investment accounts, retirement accounts including 401(k)s, IRAs, and pensions, vehicles and business interests, and all debts incurred during the marriage credit cards, personal loans, and joint tax liabilities.

Family Code § 2103 requires both spouses to exchange Preliminary Declarations of Disclosure, a full accounting of all assets and debts. Incomplete or dishonest disclosures carry serious legal consequences, including the possibility of having the final judgment set aside entirely. If you suspect your spouse is concealing assets, that needs to be addressed with your attorney before settlement negotiations move forward. Discovery tools exist specifically for this purpose, and courts take disclosure violations seriously

For most San Bernardino couples, the family home is both their largest asset and their largest liability. What happens to the mortgage depends on available equity and whether either spouse can independently qualify for the loan going forward.

Three outcomes are most common: one spouse buys out the other by refinancing in their name alone; the home is sold and proceeds are split after paying off the remaining balance and closing costs; or the court orders a deferred sale when minor children are involved and stability is a priority.

One point many people miss: your divorce decree does not change your obligation to the lender. If both names are on the loan, both remain legally responsible regardless of what the settlement says. Your settlement should specify a clear timeline for whoever is responsible for the loan to act.

Property division addresses the past. Support orders address the future.

Spousal support in California is governed by Family Code § 4320, which weighs several factors:

•     the length of the marriage,
•     each spouse’s earning capacity,
•     the standard of living established during the marriage, and
•     each party’s contribution to the other’s education or career advancement.

For marriages under 10 years, support generally runs for half the length of the marriage. For marriages of 10 years or more, courts retain indefinite jurisdiction unless the order is later modified or terminated.

Child support follows a statewide guideline formula based on each parent’s income and the parenting time-share. It cannot go below the guideline amount without court approval. Your settlement should clearly spell out the monthly amount, duration, health insurance coverage, responsibility for uninsured medical expenses, and the conditions under which support can be modified or terminated. Modifying support orders later requires demonstrating a material change in circumstances, a process that costs time and money.

A well-crafted settlement anticipates future exposure, not just the assets in front of you today. Several areas commonly get overlooked and can create serious problems down the road.

Tax implications deserve careful attention — specifically who claims the children as dependents and how capital gains on a home sale are treated at filing time. Retirement account division requires a Qualified Domestic Relations Order (QDRO) to split most accounts without triggering early withdrawal penalties or unnecessary tax liability. If one spouse is receiving ongoing support, life insurance requirements protect those payments in the event the paying spouse dies before the obligation ends.

Indemnification clauses are equally important; they protect you if your spouse fails to pay a joint debt that still carries your name and damages your credit. Attorney fee contributions may also be available under Family Code § 2030 when there’s a significant disparity in income or liquid assets between spouses.

Vague settlement language creates gaps that are expensive and time-consuming to fix later. Every financial obligation  amounts, deadlines, and individual responsibilities  should be defined clearly enough that neither party can dispute what was agreed upon.

Knowing what to ask for is only half the battle. Getting it into a legally enforceable agreement that holds up and actually protects your interests long-term is the other half. The attorneys at The Sands Law Group, have helped clients across San Bernardino navigate property division, support disputes, and complex financial settlements.

Contact The Sands Law Group, today for a free case evaluation and get clear answers about what you’re entitled to under California law.