Cardi B, age 31, filed for divorce from her husband Offset, age 32, on July 31, 2024, in New Jersey Superior Court.
The parties were married on September 20, 2017, in Atlanta, Georgia. They are the parents of two children: a daughter, Kulture, age 6, and a son, Wave, age 2. Cardi also gave birth to their third child on September 7, 2024, amid the divorce, whom she listed in her divorce petition, stating that Offset is the father. Offset also has three children from previous relationships: Jordan, age 13, Kody, age 8, and Kalea, age 8.
This is not the first time Cardi B has filed for divorce from Offset, as she previously filed for divorce in the state of Georgia in 2020 but later dismissed her request. The news of Cardi B and Offset’s divorce has stirred widespread interest, not just among their fans but also from a legal standpoint. When a high-profile couple like this decides to part ways, the legal ramifications can be both complex and instructive for anyone undergoing a divorce.
Cardi B is a Grammy-winning rapper whose success continued to grow during the marriage through her other number one songs, such as her collaboration in 2018 with Maroon 5, “Girls Like You,” “WAP” with Megan Thee Stallion in 2020, and in 2021, her song “Up.” Offset is also a successful rapper and songwriter and was previously in the group Migos.
From a California family law perspective, the divorce of Cardi B and Offset offers insights into several important legal principles, particularly given California’s laws surrounding property division, child custody and visitation, child support, spousal support, and attorney’s fees and costs. Below is an explanation of what may have occurred if this divorce happened in California.
If you or someone you know is in need of legal assistance regarding a divorce, don’t hesitate to reach out to the attorneys at Happ Law Group P.C.
One of the most significant aspects of California divorce law is the principle of community property, which varies from other states. California is one of a handful of states that follow the community property system, which means that any assets or debts acquired during the marriage, not by gift, devise, bequest, or descent, are considered community property and generally split equally (50/50) upon divorce, regardless of who earned or acquired them during the marriage.
In the case of Cardi B and Offset, who are both highly successful musicians who continued to create music and perform during the marriage, they likely acquired significant earnings during their marriage. In California, the law would dictate that their marital assets, including but not limited to royalties, income, investments, and property acquired during their marriage, be divided equally.
The situation could be more nuanced if they signed a premarital agreement, which many high-net-worth individuals often do to protect their assets. It is unclear at this time whether Cardi B and Offset entered into a premarital agreement.
If you are getting married, schedule an appointment with the attorneys at Happ Law Group P.C. to discuss your options to protect yourself before entering into a marriage.
The couple shares three children together. The Outlet reported that Cardi B is seeking primary custody of their children. In California there are two types of child custody, physical custody and legal custody.
Legal Custody is essentially decision-making power. The Court will determine who has the right and responsibility to make decisions related to the health, education and welfare of the children. This can include decisions related to enrolling and disenrolling children from school, choosing the children’s medical doctors or commencing or ending mental health services.
When making legal custody orders, the Court will generally decide whether sole or joint custody is appropriate. Sole legal custody means that one parent makes all of the decisions related to the health, education or welfare of the children.
Joint legal custody means that the parents must consult with each other before making decisions related to the health, education and welfare of the children. Sometimes the Court can create a hybrid legal custody order, where the parents have joint legal custody on some issues and one parent has sole legal custody on a specific issue.
Physical custody is where the children will primarily reside. When making physical custody orders, the Court will decide whether a parent should have sole physical custody or whether the parents should share joint physical custody.
While physical custody is what most parents focus on, it is often a label without much meaning, since a parent with sole physical custody could still have to facilitate visitation between the children and the other parent. Therefore, sole physical custody does not necessarily mean that one parent will have 100% of the time with the children. An award of physical custody to one parent is often thought of to be more appropriately considered “primary physical custody”—meaning the parent where the children primarily reside.
Child custody is always a crucial consideration in any divorce involving children, and California courts prioritize the best interests of the children in making custody decisions. In California, joint custody—both legal and physical—is preferred, allowing both parents to play an active role in the child’s upbringing unless there are reasons against it, such as concerns about safety or the children’s well-being while in the other parent’s care.
For high-profile parents like Cardi B and Offset, determining custody could also involve considerations related to their demanding careers. Both Cardi and Offset have significant professional obligations, including tours, studio time, and public appearances.
These factors might necessitate a more flexible or creative custody arrangement, such as splitting time across homes in different cities or states, or accommodating their work schedules.
In California, child support is determined by a guideline formula that considers the parents’ incomes, tax filing status, dependency exemptions, custody arrangements, and certain deductions. Even if both parents are wealthy, the custodial parent (or the one with primary physical custody) could still be entitled to child support to ensure the child enjoys the same standard of living the other parent is living.
Spousal support could also be an issue in this case. While both Cardi B and Offset are financially independent, spousal support in California is based on the standard of living established during the marriage, and one spouse may still be entitled to payments if there is an income disparity. However, again, any premarital agreement between the two could play a key role in limiting or waiving spousal support altogether.
A crucial point to consider in the Cardi B and Offset divorce is whether they have a premarital agreement. Given their respective fortunes and the fact that both were successful before their marriage, it would not be surprising if they had such an agreement in place. A premarital agreement can dictate how property, spousal support, and even child support are handled in the event of a divorce.
If a premarital agreement exists, the division of assets and spousal support may be relatively straightforward, as such agreements often specify who gets what in a divorce. However, any terms related to child custody or child support are likely not enforceable.
One added layer of complexity in the Cardi B and Offset divorce is the fact that it is playing out in the public eye. California family law allows divorcing parties to request that certain court documents and proceedings remain private if certain requirements are met, particularly in cases involving sensitive financial details or the well-being of a minor child.
High-profile divorces often feature confidentiality agreements and sealed records to protect the parties’ privacy. For celebrities like Cardi B and Offset, this could be crucial, as public scrutiny can impact both their personal lives and professional brands.
The divorce of Cardi B and Offset highlights several critical aspects of California family law, from the division of community property to the complexities of child custody, child visitation, child support and spousal support.
Whether you are a celebrity or not, navigating divorce in California can be legally challenging, and it’s essential to understand your rights and obligations under the law. High-asset divorces like this one often involve premarital agreements, complex financial arrangements, and considerations about privacy and public scrutiny, all of which underscore the importance of having skilled legal representation throughout the process.
For anyone facing a divorce in California, whether you’re a high-profile figure or not, the principles at play in this case—community property, child custody, child visitation, child support, and spousal support—serve as important reminders of the legal framework that governs the end of a marriage in the California. If you are getting a divorce, come talk to the attorneys at Happ Law Group P.C. today.
What is community property?
California is a community property state, meaning that any assets or debts acquired during the marriage, other than through gift, bequest, devise, or inheritance are generally considered to be community property and are generally divided equally.
What is a premarital agreement?
A premarital agreement is an agreement between prospective spouses made in contemplation of their marriage to be effective upon their marriage. Generally, parties enter into a premarital agreement to establish the division of their assets and debts, to waive or establish the terms regarding spousal support, and to determine other issues that may be subject to their dissolution of marriage.
What are the types of child custody in California?
There are two types of child custody in California, legal custody and physical custody. Legal custody is the right to make decisions related to the health, education and welfare of the children. This can include decisions related to enrolling and disenrolling children from school, choosing the children’s medical doctors or commencing or ending mental health services. Physical custody is where the children reside.
DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.
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