When going through a divorce in California, one of the most important—and often contentious—issues is spousal support. But what happens when one spouse has a domestic violence conviction? Under Family Code § 4325, the law is clear: there is a rebuttable presumption that the abusive spouse should not receive spousal support.

Let's break down what this means for anyone going through a divorce where domestic violence is a factor.

What Does Family Code § 4325 Say?

Section 4325 applies in divorce cases where one spouse has been criminally convicted of a misdemeanor involving domestic violence against the other spouse. This conviction must have occurred either:

• Within five years prior to filing for divorce, or

• During the divorce proceedings.

If that's the case, the law creates a rebuttable presumption that the abusive spouse should not receive spousal support from the injured spouse.

This means the court will assume that no spousal support should be awarded to the convicted spouse unless they can present strong evidence to overcome that presumption.

Additional Protections for the Injured Spouse

Family Code § 4325 also provides the following important protections for the injured spouse:

• Attorney's Fees: If there are community assets, the court may order that attorney's fees and costs be paid from those funds. However, the injured spouse cannot be required to pay the abusive spouse's attorney's fees from their separate property.

• Date of Separation: At the request of the injured spouse, the court can set the date of separation as the date of the domestic violence incident that led to the conviction—or even earlier, if justified by the circumstances.

These provisions are designed to prevent abusers from continuing to benefit financially from a marriage after committing acts of violence.

Can the Presumption Be Overcome?

Yes—but it's not easy. The convicted spouse must prove by a preponderance of the evidence (more likely than not) that support is still appropriate. The court may consider documented evidence that the convicted spouse was also a victim of domestic violence or other factors the court finds fair and equitable.

Impact on Retirement and Pension Benefits

In severe cases, the court may award up to 100% of the injured spouse's community interest in retirement or pension benefits to the injured spouse. The court will consider multiple factors, including:

• The nature and frequency of domestic violence.

• The length of the marriage.

• Contributions made by the abusive spouse to the other spouse's education or career.

• Economic hardship or unemployment caused by domestic responsibilities.

• Any other factor the court deems just.

Final Thoughts

Family Code § 4325 reflects California's strong stance against domestic violence. It prioritizes the safety and financial well-being of victims while discouraging abusers from benefiting from the marital relationship after harming their spouse.

If you are dealing with domestic violence in the context of divorce, it's essential to work with a knowledgeable family law attorney who can protect your rights under the law.