California Family Code 4324.5 – (a) In any proceeding for dissolution of marriage where there is …
(a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other spouse and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following shall apply:
(1) An award of spousal support to the convicted spouse from the injured spouse is prohibited.
Terms Used In California Family Code 4324.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conviction: A judgement of guilt against a criminal defendant.
- Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
California Family Code 70
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Proceeding: includes an action. See California Family Code 110
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Spousal support: means support of the spouse of the obligor. See California Family Code 142
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
(2) If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property.
(3) At the request of the injured spouse, the date of separation, as defined in Section 70, shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date.
(4) The injured spouse shall be entitled to 100 percent of the community property interest in the retirement and pension benefits of the injured spouse.
(b) As used in this section, the following definitions apply:
(1) “Domestic violence felony” means a felony offense for an act of abuse, as described in Section 6203, perpetrated by one spouse against the other spouse.
(2) “Injured spouse” means the spouse who has been the subject of the violent sexual felony or domestic violence felony for which the other spouse was convicted.
(3) “Violent sexual felony” means those offenses described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of § 667.5 of the Penal Code.
(c) If a convicted spouse presents documented evidence of the convicted spouse’s history as a victim of a violent sexual offense, as described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of § 667.5 of the Penal Code, or domestic violence, as defined in Section 6211, perpetrated by the other spouse, the court may determine, based on the facts of the particular case, that one or more of paragraphs (1) to (4), inclusive, of subdivision (a) do not apply.
(d) The changes made to this section by the bill that added this subdivision shall only apply to convictions that occur on or after January 1, 2019.
(Amended by Stats. 2018, Ch. 850, Sec. 1. (SB 1129) Effective January 1, 2019.)