Family law in California can be confusing, and many people come into the process with beliefs that simply aren’t true. These myths often lead to misunderstandings about prenuptial agreements, property rights, spousal support, and more. If you’re going through a divorce or planning to get married, it’s important to separate fact from fiction.
Below, we break down some of the most common myths and what the law in California actually says.
Myth: Prenuptial Agreements Are Hard to Enforce
Fact: When done correctly, prenuptial agreements are generally enforceable in California. The courts typically uphold these agreements as long as both parties made full financial disclosures, signed voluntarily, and followed the proper legal procedures.
For example, both parties should have the opportunity to consult with independent legal counsel. If you’re considering a prenup, working with an experienced Los Angeles prenuptial agreement lawyer can help you draft a document that meets all legal requirements.
Myth: A Prenup Must Be Signed Seven Days Before the Wedding
Fact: The 7-day rule is often misunderstood. California law requires that at least seven days pass between the time the final agreement is presented and the time it is signed—not necessarily seven days before the wedding.
This rule exists to make sure both parties have time to review the agreement and consult with an attorney if needed. The key point is fairness and avoiding last-minute pressure.
Myth: Keeping Separate Bank Accounts Means the Money Is Separate Property
Fact: Not always. Just because you keep your own account doesn’t mean those funds are automatically separate. In California, community property includes most income or assets acquired during the marriage, even if held in only one person’s name.
For instance, if your paycheck is deposited into your own account while you’re married, it could still be considered community property and divided accordingly. Similarly, credit card debt incurred during the marriage is likely shared, even if the card is only in one spouse’s name.
Myth: Child Custody and Support Can Be Included in a Prenup
Fact: You cannot decide custody or child support in a prenuptial agreement. These issues are determined by the court based on what is in the best interests of the child at the time of separation or divorce.
Any attempt to limit or waive child support in advance will be considered invalid and against public policy.
Myth: You Cannot Waive Spousal Support in a Prenup
Fact: In California, it is possible to include a waiver of spousal support in a prenuptial agreement—but there are strict requirements. Both parties must have their own lawyers when negotiating the agreement, and the waiver cannot be unfair or “unconscionable” at the time of enforcement.
Even with a waiver, a court may still review whether the agreement is reasonable based on each party’s financial situation.
Myth: Living Together for 10 Years Means You Have a Common Law Marriage
Fact: California does not recognize common law marriage, no matter how long you’ve lived together. Simply cohabitating, even for a decade or more, does not give you the same legal rights as a married couple.
That said, if there was a written or implied agreement to share finances or property, one partner may be able to make a claim for palimony (support based on a contractual relationship). These cases can be complex, so you should consult a family law attorney if this applies to you.
Myth: A 10-Year Marriage Guarantees Lifetime Spousal Support
Fact: While a marriage lasting 10 years or more is considered “long-term” under California law, that doesn’t mean one spouse will receive support for life. Courts consider several factors when awarding spousal support, including each person’s income, health, age, and ability to become self-supporting.
In some cases, especially if one spouse cannot reasonably support themselves, support could be long-term or even indefinite. But it’s not automatic.
Questions about Family Law? Atighechi Law Group Can Help
Legal myths can lead to costly mistakes during divorce or marriage planning. If you’re unsure about your rights or obligations, don’t rely on word-of-mouth or internet rumors—speak with a qualified Los Angeles family law attorney.
At Atighechi Law Group, we help clients make informed decisions based on real California law. Contact us today to schedule a consultation and get answers tailored to your situation.