Spousal support: factors.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Judiciary
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill modifies California law regarding spousal support in cases involving domestic violence or violent sexual felonies. Specifically, it prohibits spousal support awards and attorney’s fees to a spouse convicted of such felonies, establishes a date of separation tied to the incident, and grants the injured spouse a full community property interest in retirement and pension benefits. The bill also allows a court to consider a victim’s history of violence or abuse when determining spousal support.
Key provisions
- Prohibits spousal support awards to a spouse convicted of a violent sexual felony or domestic violence felony.
- Establishes the date of separation as the date of the incident giving rise to the conviction (or earlier if justified).
- Grants the injured spouse a 100% community property interest in retirement and pension benefits.
- Allows a court to consider a victim’s history of violence or abuse when determining spousal support.
- Specifies definitions of ‘Domestic violence felony,’ ‘Injured spouse,’ and ‘Violent sexual felony’.
- Applies to convictions occurring on or after January 1, 2019.
Who is affected
- Spouses involved in divorce proceedings
- Individuals convicted of violent sexual felonies or domestic violence felonies
- Families impacted by domestic violence and sexual assault
- Retirement and pension benefit recipients
Bill text
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Sponsors
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1 on record
Primary sponsor
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