What You Need to Know About Domestic Violence and Alimony in California
California only allows for no-fault divorce, meaning forms of misconduct – including domestic abuse – are not grounds for divorce. Here is everything you need to know about how domestic violence affects alimony in California.
Spousal support is necessary for ensuring both spouses are able to maintain their standard of living after separating. When deciding on alimony, the court takes many factors into consideration. Domestic violence influences alimony as it could potentially prevent the convicted spouse from receiving spousal support.
Why is spousal support necessary?
Spousal support is necessary to provide financial support to a spouse that is not as capable of supporting themselves immediately following a divorce. Oftentimes, the dynamic of households include a discrepancy in earnings, especially in cases where one spouse works and the other takes care of the house and/or children. Thus, to ensure both spouses are able to have the means necessary to uphold their quality of life, courts will order alimony.
Related: How to Get Spousal Support in California
What factors are considered by the court when ordering spousal support?
The court considers many factors when determining whether or not a spouse should receive alimony. The court aims to ensure that both spouses are able to maintain their usual standard of living after separating. Factors that the court considers are listed in the California Family Code Section 4320.
Some of these include:
- How long the marriage lasted
- The separate property of both spouses
- The age and health of the parties
- The work history of the parties
What role does domestic violence play when deciding on alimony?
When deciding on alimony, California law mandates that family courts consider evidence of domestic violence while making decisions. Domestic violence includes sexual assault, physical assault, emotional abuse, and threats. Documentations of domestic violence include but are not limited to reliable proof, such as a previous criminal conviction.
Courts do not allow for a domestic abuser to receive alimony support from a spouse. If a spouse had a criminal conviction of domestic violence within the last five years, the court will presume that the spouse convicted of abuse should not receive spousal support. However, this presumption can be rebutted in certain cases, meaning the spouse convicted of abuse has a chance to argue on their own behalf. A frequent argument includes providing evidence that both parties engaged in domestic violence, arguing that the actions of both spouses cancel out. The spouse initially convicted of domestic violence may not receive an alimony award, as this argument rarely wins in the courtroom.
What is the recent California law regarding alimony and domestic violence?
The California Family Code previously stated that individuals convicted of sexual domestic violence were forbidden from receiving alimony, while individuals convicted of non-sexual domestic violence would result in having a rebuttable presumption against alimony. This law on domestic violence and alimony awards was altered in 2019. The current family law states that spouses convicted of a domestic violence felony offense are banned from receiving spousal support regardless of if the offense is sexual or not. Additionally, the law states that spouses convicted of a domestic violence misdemeanor have the opportunity to present a rebuttable presumption against spousal support. Further, the new law provides more options for types of evidence that a spouse can provide to prove acts of domestic violence. Alongside criminal convictions, a spouse might have the opportunity to present a no-contest plea to domestic violence charges, as well as proof of a protective order they acquired against the violent spouse.
Related: How Domestic Violence Affects Divorce in California
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If you or a loved one have any more questions about Section 4320 and/or how domestic violence affects alimony, contact us. Get a free consultation with one of our experienced Domestic VIolence attorneys today!