CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 589Introduced by Senator Alvarado-GilFebruary 20, 2025 An act to amend Section 4324.5 of the Family Code, relating to spousal support.LEGISLATIVE COUNSEL'S DIGESTSB 589, as introduced, Alvarado-Gil. 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 partys earning capacity, the needs of each party, and the duration of the marriage. Existing law prohibits an award relating to spousal support and attorneys 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 attorneys 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4324.5 of the Family Code is amended to read:4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 589Introduced by Senator Alvarado-GilFebruary 20, 2025 An act to amend Section 4324.5 of the Family Code, relating to spousal support.LEGISLATIVE COUNSEL'S DIGESTSB 589, as introduced, Alvarado-Gil. 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 partys earning capacity, the needs of each party, and the duration of the marriage. Existing law prohibits an award relating to spousal support and attorneys 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 attorneys 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 589
Introduced by Senator Alvarado-GilFebruary 20, 2025
Introduced by Senator Alvarado-Gil
February 20, 2025
An act to amend Section 4324.5 of the Family Code, relating to spousal support.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 589, as introduced, Alvarado-Gil. 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 partys earning capacity, the needs of each party, and the duration of the marriage. Existing law prohibits an award relating to spousal support and attorneys 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 attorneys 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.
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 partys earning capacity, the needs of each party, and the duration of the marriage. Existing law prohibits an award relating to spousal support and attorneys 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 attorneys 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4324.5 of the Family Code is amended to read:4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4324.5 of the Family Code is amended to read:4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
SECTION 1. Section 4324.5 of the Family Code is amended to read:
### SECTION 1.
4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.
4324.5. (a) In any 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, 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 attorneys fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorneys fees of the convicted spouse out of the injured spouses 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 100 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 spouses 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.