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HomeFamily CodeDiv. 4Pt. 2Ch. 2§ 771 Post-Separation Spousal Earnings

§ 771 Post-Separation Spousal Earnings

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 771 Post-Separation Spousal Earnings

Key Takeaways

  • •After parents split up, the money and stuff each parent earns is theirs alone.
  • •The money and stuff kids earn (if they live with or are cared for by a parent) also belongs to that parent.
  • •If a kid earns money from certain special jobs (like acting or sports), that money stays the kid’s, even if their parents split up.

Example

A couple gets divorced. The mom gets a new job and starts saving money. Their 16-year-old kid gets paid for acting in a movie.

The mom’s new savings are hers alone. The kid’s movie money stays theirs, even though they’re still living with their mom.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 771 Post-Separation Spousal Earnings

(a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse. (b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child. (Amended by Stats. 2016, Ch. 114, Sec. 2. (SB 1255) Effective January 1, 2017.)

Last verified: January 21, 2026

Key Terms

earnings and accumulationsseparate propertyunemancipated minor childcontract of a type described in Section 6750

Related Statutes

  • § 770 Married Person'S Separate Property
  • § 772 Post-Separation Earnings Ownership
  • § 913 Spousal Debt Liability Rules
  • § 916 Spousal Debt After Division
  • § 7500 Parental Right To Child'S Earnings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 771.
View Official Source