Does California split all assets 50/50 in a divorce?

Yes. Under Cal. Fam. Code § 760 and § 2550, California courts divide community property — everything acquired during the marriage — equally, a strict 50/50 split. This differs from the 41 equitable-distribution states that divide assets by fairness rather than an exact half.

How long does a California divorce take to finalize?

At minimum, six months and one day. Cal. Fam. Code § 2339 imposes a mandatory waiting period that begins when the responding spouse is served. Even fully uncontested divorces cannot legally terminate the marriage before this six-month floor, regardless of how quickly the couple agrees on terms.

Does cheating affect a California divorce settlement?

No. California is a pure no-fault state under Cal. Fam. Code § 2310, where the only ground is irreconcilable differences. Marital misconduct like infidelity does not change the 50/50 community-property division, though it may rarely matter if community funds were spent on an affair.

Is spousal support required in a marriage under 10 years?

Not automatically. For marriages under 10 years, California treats the union as short-term, and support — when ordered under Cal. Fam. Code § 4320 — typically runs about half the marriage length. Two high-earning spouses of roughly equal income may receive little or no spousal support.

What happens to income earned before marriage in California?

It stays separate property. Under Cal. Fam. Code § 770, earnings, assets, gifts, and inheritances acquired before the wedding remain that spouse's alone — but only if traceable. Commingling separate funds with marital accounts can convert them to community property subject to a 50/50 split.

Julia Garner, Mark Foster Split: California's 50/50 Divorce Rules

Julia Garner and Foster the People frontman Mark Foster have separated after nearly six years of marriage, sources confirmed to People on July 15, 2026. Because the couple married in California in 2019, any divorce would be governed by the state's community-property rules, which split marital assets 50/50, and a mandatory six-month waiting period under Cal. Fam. Code § 2339.

Key Facts

Detail	Information
What happened	Julia Garner (Emmy-winning 'Ozark' star) and Mark Foster (Foster the People frontman) separated
When confirmed	July 15, 2026, via People
Marriage date	2019 (nearly 6 years)
Likely jurisdiction	California (community-property state)
Key statute	Cal. Fam. Code § 760 (community property); § 2339 (6-month wait)
Practical impact	Assets acquired 2019–2026 presumptively split 50/50

The couple shared no details about what led to the split, and no divorce petition has been publicly reported. What follows is general legal commentary on how California law would handle a dissolution for a couple in their situation — not analysis of their private legal strategy.

Why this matters legally

California is one of nine community-property states, which means everything Garner and Foster earned or acquired during their nearly six-year marriage is presumptively owned equally by both spouses. Under Cal. Fam. Code § 760, all property acquired by a married person during the marriage while domiciled in California is community property, and Cal. Fam. Code § 2550 requires courts to divide that community estate equally — a strict 50/50 split, not the flexible "fair" division used in the 41 equitable distribution states.

For two high earners who married in 2019, this distinction carries real financial weight. A Foster the People touring income stream, Garner's earnings from 'Ozark,' 'Inventing Anna,' and 'The Fantastic Four,' plus any royalties, real estate, and investments accumulated between 2019 and 2026 would all sit inside the community estate. Earnings and intellectual property created before the 2019 wedding, by contrast, generally remain separate property under Cal. Fam. Code § 770.

How California law handles this

California divorces follow a defined statutory path, and the timeline is longer than many people expect. Even in an uncontested case, a marriage cannot legally terminate until at least six months and one day after the responding spouse is served, per Cal. Fam. Code § 2339. This waiting period runs regardless of how quickly the couple agrees on terms.

California is also a pure no-fault state. Under Cal. Fam. Code § 2310, the only grounds for dissolution are "irreconcilable differences" — meaning neither Garner nor Foster would need to prove wrongdoing, and misconduct generally does not affect property division. The court divides the community estate equally regardless of who wanted the divorce or why.

Spousal support is a separate analysis governed by Cal. Fam. Code § 4320, which lists roughly 14 factors a judge weighs, including each spouse's earning capacity, the marital standard of living, and the length of the marriage. For marriages under 10 years, California treats the union as "short-term," and support typically runs for about half the length of the marriage — so a roughly six-year marriage would often produce a support obligation in the neighborhood of three years, though judges retain wide discretion. Two independently wealthy, high-earning spouses may see little or no support ordered at all.

The couple has no publicly reported children, which removes the custody and child support questions that complicate many divorces. That absence typically shortens the process and narrows the disputes to property and, if requested, spousal support.

Practical takeaways

Even if you are not a celebrity, a California marriage between two earners raises the same core issues. Here is what this news illustrates for anyone facing a similar situation:

Know your property date lines. Anything acquired between your wedding and your date of separation is presumptively community property split 50/50. The date of separation is legally significant under Cal. Fam. Code § 70 — it stops the community-property clock, so document when the marriage effectively ended.
Trace your separate property. Assets you owned before the 2019-equivalent wedding date, plus gifts and inheritances, stay separate under Cal. Fam. Code § 770 — but only if you can trace them. Commingled accounts can lose separate-property protection, so gather statements early.
Plan for the six-month floor. No California divorce finalizes faster than six months and one day after service under Cal. Fam. Code § 2339. Budget your finances and housing around that minimum timeline, not a hoped-for quick resolution.
Complete mandatory financial disclosures. Both spouses must exchange a Declaration of Disclosure under Cal. Fam. Code § 2104, listing all assets and debts under penalty of perjury. Hiding assets can result in the court awarding 100% of the concealed asset to the other spouse.
Map your route before filing. Whether your case is a clean uncontested split or a contested fight over royalties and real estate changes everything about cost and strategy. A personalized divorce roadmap can help you identify your path and what to prepare first.

Celebrity separations make headlines, but they run through the same California divorce statutes that govern every dissolution in the state. Understanding how community property, the no-fault standard, and the six-month waiting period fit together gives you a realistic picture of the process long before you ever walk into a courtroom.

If you are navigating a separation in California, working with a qualified family law attorney early can help you protect your separate property and avoid costly disclosure mistakes. You can start by mapping your situation with a personalized divorce roadmap and then connecting with counsel who handles cases like yours.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.