20250SB__058999INT INTRODUCED 2025-02-20 2025 SB INT Introduced by Senator Alvarado-Gil LEAD_AUTHOR SENATE Alvarado-Gil

An act to amend

Section 4324.5 of the Family Code, relating to spousal support. spousal support Spousal support: factors. Existing law requires a person to support their spouse. Existing law authorizes a court to order spousal support in an amount, and for a period of time, that the court determines is just and reasonable based on the standard of living established during the marriage. Existing law requires a court, in making spousal support awards, to consider specified factors, including, among other things, each party’s earning capacity, the needs of each party, and the duration of the marriage.

Existing law prohibits an award relating to spousal support and attorney’s fees, provides for the setting of the date of separation, and awards community property interest in retirement and pension benefits if there is a criminal conviction for a violent sexual felony, as specified.

This bill would also prohibit an award relating to spousal support and attorney’s fees, provide for the setting of the date of separation, and award a community property interest in retirement and pension benefits if, in the absence of a criminal conviction, the family court finds that one spouse has perpetrated a violent sexual felony against the other. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 4324.5 of the Family Code is amended to read: 4324.5. (

a) In a 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 or, in the absence of a criminal conviction, if the family court finds that a violent sexual felony has, in fact, been perpetrated by one spouse against the other and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole or, in the absence of a criminal conviction, the incident, the following shall apply:

(1) An award of spousal support to the convicted spouse from the injured spouse is prohibited.

(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 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

Section 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

Section 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.