Existing law requires that in any proceeding for dissolution of marriage where one spouse has been convicted of an act of domestic violence against the other spouse within a specific time period, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse should not be made. In a similar spousal support proceeding where one spouse has been convicted of a violent sexual felony perpetrated against the other spouse within a specific time period, existing law prohibits an award of spousal support to the convicted spouse from the injured spouse, requires the court to order attorney's fees to be paid from community assets, authorizes the date of legal separation to be the date of the incident giving rise to the conviction or earlier, and entitles the injured spouse to 100% of the community interest in the injured spouse's retirement and pension.
California SB 1129 (20172018) — Spousal support award: convictions.
Existing law requires that in any proceeding for dissolution of marriage where one spouse has been convicted of an act of domestic violence against the other spouse within a specific time period, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse should not be made. In a similar spousal support proceeding where one spouse has been convicted of a violent sexual felony perpetrated against the other spouse within a specific time period, existing law prohibits an award of spousal support to the convicted spouse from the injured spouse, requires the court to order attorney's fees to be paid from community assets, authorizes the date of legal separation to be the date of the incident giving rise to the conviction or earlier, and entitles the injured spouse to 100% of the community interest in the injured spouse's retirement and pension.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.