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.