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CA SB1129

Bill

Status

Passed

9/27/2018

Primary Sponsor

William Monning

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Origin

Senate

2017-2018 Session

AI Summary

  • Distinguishes between domestic violence felony convictions and misdemeanor convictions when determining spousal support awards in dissolution of marriage proceedings.

  • Prohibits spousal support awards to convicted spouses, orders attorney's fees paid from community assets, allows separation date to be set at incident date, and awards injured spouse 100% of community retirement/pension benefits for domestic violence felony convictions filed within 5 years of conviction.

  • Creates a rebuttable presumption (rather than an outright prohibition) against spousal support, attorney's fees, and separation date determination for domestic violence misdemeanor convictions entered within 5 years prior to or during dissolution proceedings, but allows courts to award up to 100% of retirement/pension benefits based on specific factors including marriage duration and documented domestic violence history.

  • Permits courts to override protections for convicted spouses who present documented evidence they were victims of violent sexual offenses or domestic violence perpetrated by the other spouse.

  • Applies these changes only to convictions occurring on or after January 1, 2019.

Legislative Description

Spousal support award: convictions.

Last Action

Chaptered by Secretary of State. Chapter 850, Statutes of 2018.

9/27/2018

Committee Referrals

Judiciary2/22/2018
Rules2/13/2018

Full Bill Text

No bill text available