Bill > SB589

This bill amends California Family Code Section 4324.5 to expand protections for victims of sexual and domestic violence in divorce proceedings. Currently, the law prohibits spousal support and attorney's fees awards if one spouse is criminally convicted of a violent sexual or domestic violence felony against the other spouse. The bill now allows the family court to make similar determinations even without a criminal conviction, if the court finds that a violent sexual felony has been perpetrated by one spouse against the other. Under these circumstances, the bill prohibits spousal support to the perpetrating spouse, allows attorney's fees to be paid from community assets, permits the victim spouse to set an earlier date of separation, and grants the victim spouse 100 percent of the community property interest in retirement and pension benefits. The bill defines specific types of violent sexual and domestic violence felonies and provides a provision that allows a convicted spouse to present evidence of their own history as a victim, which could potentially modify the court's initial determinations. The changes apply to convictions occurring on or after January 1, 2019, providing additional legal protections for survivors of domestic and sexual violence during divorce proceedings.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB589