In California, the legal process of divorce becomes significantly more difficult when domestic violence is involved. Under Family Code 4300 et seq., California is a no-fault divorce state, but it imposes additional requirements when domestic violence is involved.

Senate Bill 1129, introduced by Senator Bill Monning, was signed into law by Governor Jerry Brown on September 27, 2018, to enhance existing rules regarding spousal support in domestic violence cases. Under Senate Bill 1129, specific consequences apply in divorce proceedings involving domestic violence convictions. These consequences are triggered if the divorce petition is filed within five years following the conviction and the completion of any related custody, probation, or parole period.

Domestic Violence in California Divorce

Per California law, domestic violence refers to abuse/physical harm and threats that are perpetrated by an “intimate partner.” Your "intimate partner" can include marital relationships, former spouses, cohabitants, and persons with whom you had a qualifying dating relationship.

SB 1129 applies to domestic violence convictions entered on or after January 1, 2019. A felony conviction results in a prohibition of spousal support to the convicted spouse, while a misdemeanor conviction creates a rebuttable presumption against such support, provided the dissolution petition is filed within five years of the conviction and any related custody, probation, or parole period

Under SB 1129, the timing of the abusive act does not affect a survivor’s eligibility for its protections, provided the petition is filed within five years of conviction (4324.5(a), 4325(a)). The prosecution of abuse, such as physical harm, threats, stalking, etc., by one spouse towards the other leads to the possibility of divorce under new laws.

During divorce proceedings, courts give significant weight to any history of domestic violence. Family Code Section 4320 directs judges to consider past abuse, such as protective orders or no-contest pleas, when determining spousal support. However, SB 1129 significantly expands the protections. SB 1129 amends Family Code 4324.5 and 4325 to impose mandatory support bars and asset-division rules following qualifying domestic-violence convictions.

Through SB 1129, couples can expect courts to follow these specific rules whenever their spouse has harmed them and obtained a felony conviction despite any potential objections. SB 1129 requires courts to apply mandatory financial restrictions whenever a qualifying domestic-violence conviction exists.

Understanding an “Injured Spouse”

Under SB 1129, the term 'injured spouse' refers to a spouse who has been the victim of a violent sexual felony or domestic violence felony committed by the other spouse. The proper identification of an “injured spouse” matters since SB 1129 discusses their entitlements and retirement benefits. ‘Injured spouse’ refers to the partner against whom the qualifying conviction was obtained. The term 'injured spouse' applies to any individual, regardless of gender, who has experienced domestic abuse by their partner.

California defines “domestic violence” in an extensive manner. The law defines domestic violence as assault, battery, stalking, threats, and other abuse toward someone who was or currently is your spouse, registered domestic partner, fiancé(e), live-in partner, or parent of your child, or someone you seriously dated.

The bill extends its protection to each of these relationships. These rules come into effect when you divorce or dissolve your relationship after your fiancé's assault conviction while you were engaged to marry. The law protects individuals who share long-term cohabitation or who have children together. The broad definition of SB 1129 provides coverage to various family arrangements throughout California.

The Effects of Senate Bill 1129

SB 1129 establishes two fundamental changes to divorce procedures during cases involving domestic violence:

Felony Convictions

“A spouse convicted of any qualifying domestic-violence or violent sexual felony is categorically barred from receiving spousal support. SB 1129 prohibits any convicted spouse from obtaining spousal support from their former partner.

After a domestic violence conviction, the court requires the abuser to compensate the victim's attorney fees through assets that both spouses shared during their marriage. Under SB 1129, an injured spouse is entitled to all community retirement benefits accrued through the incident date. They may also request that this date be treated as the legal separation date.

Misdemeanor Convictions

If a spouse is convicted of a domestic violence misdemeanor or a no-contest plea that results in probation for DV, then a strong presumption kicks in. Here, the court assumes abusers convicted of domestic violence misdemeanors or those who plead no contest to DV with probation should not receive spousal support under a strong presumption.

A domestic violence conviction under this rule requires the abuser to show strong reasons why they should receive support despite their offense. The statute also empowers the court to order the convicted spouse to pay the victim’s attorney fees from community assets and to set the separation date as the date of the offense, mirroring the felony provisions.

Judges may award the injured spouse up to the full community share of retirement benefits, based on factors like marriage length and severity or frequency of abuse.

Timing and Applicability of SB 1129

SB 1129 includes two essential timing requirements for court cases:

  1. Effective Date – January 1, 2019: Only convictions obtained after January 1, 2019, qualify under the terms of SB 1129. SB 1129 applies only to convictions on or after January 1, 2019; earlier convictions remain governed by the pre-existing rules.
  2. Five-Year Window: A divorce petition must be filed within five years following the conviction and any time served in custody, on probation, or parole. A dissolution petition must be filed within five years of the sentence, including any custody, probation, or parole period. SB 1129 begins its five-year waiting period after you receive your domestic violence conviction or start your probation period. After five years from the date of filing, the particular rules under SB 1129 will no longer operate.

The specified deadlines create pitfalls for individuals. SB 1129 excludes cases where someone received a domestic violence conviction in 2015 because the law had not yet come into effect. SB 1129 would become effective only when someone convicted in early 2019 files for divorce after approximately early 2024. Keep in mind these deadlines. The provisions of SB 1129 only apply during a five-year period that does not apply retroactively.

Felony Domestic Violence Convictions

A felony conviction for violent sexual crimes, for example, rape or domestic violence, for example, spousal assault or battery, triggers significant changes in divorce financial proceedings.

SB 1129 establishes specific and strict guidelines that apply to both cases:

  • Spousal Support is Barred: The court has to deny spousal support payments to the convicted spouse. Under SB 1129, a spouse convicted of felony domestic violence is ineligible to receive spousal support. The law establishes this as a complete prohibition. The law applies to divorces and legal separations filed within five years following the conviction.
  • Attorneys’ Fees from Community Assets: If equitable, the court may require the convicted spouse to pay the victim’s attorney fees from community property. The victim spouse’s funds remain protected, as the convicted spouse must cover legal fees from community assets. The spouse convicted of the offense must use marital assets to pay legal costs.
  • Separation Date Set to Incident: A petitioning spouse may ask the court to set the legal separation date as the incident date or an earlier date upon showing good cause. The timing of separation matters because property acquired after this point belongs to the spouse who earned it instead of belonging to marital assets. When the court sets the separation date as the incident date, the convicted spouse forfeits any interest in post-incident earnings.
  • Retirement/Pension Benefits to Victim: The most potent effect of SB 1129 occurs in this situation. SB 1129 ensures that any retirement benefits earned during the marriage up to the separation date belong entirely to the spouse who was abused. Under this law, retirement benefits you earned during your marriage will permanently stay with you after divorce. The law takes away the abuser's entire share of retirement benefits and transfers it to you entirely. Upon a qualifying felony conviction, SB 1129 automatically awards the community as a whole share of retirement benefits to the injured spouse.

California Family Code Section 4324.5 contains these felony provisions that SB 1129 modified. Family Code 4324.5 automatically imposes provisions when a qualifying felony conviction is entered. The law includes a necessary provision that ensures fairness through its provisions: a convicted spouse who demonstrates they became a victim of violence, such as mutual abuse from their partner, might convince the court to exempt specific harsh rules from application. When no such exception exists, a felony conviction provides the victim-spouse with definitive legal superiority.

Misdemeanor Domestic Violence Convictions

A conviction for spousal battery or simple assault on a peace officer is classified as a misdemeanor rather than a felony under SB 1129. SB 1129 establishes a different methodology to handle these situations. SB 1129 creates a rebuttable presumption that a spouse convicted of a domestic-violence misdemeanor is ineligible for spousal support.

In spousal support proceedings, there is a rebuttable presumption against awarding support to a spouse convicted of domestic violence, which can be overcome with sufficient evidence.

A summary of SB 1129 requirements for misdemeanor convictions follows:

  • Rebuttable Presumption of No Support: A domestic-violence misdemeanor conviction or qualifying no-contest plea creates a rebuttable presumption under Fam. Code 4325(a) states that the convicted spouse is ineligible for spousal support. The convicted spouse may overcome this presumption only by presenting clear, convincing evidence under 4325(c). For example, the court automatically assumes the victim spouse would say, "He hit me; he doesn't get support" after a spouse's conviction of a domestic violence misdemeanor or no-contest plea leading to DV probation. Under this legal framework, a "rebuttable presumption" exists, which signifies that a conviction can theoretically be disproven through sufficient evidence. In real-world applications, this change means the evidence requirements shift toward the convicted spouse.
  • Attorneys’ Fees and Separation: Under Fam. Code 4325(a), the court may order the convicted spouse to pay the injured spouse’s attorney fees from community assets and set the legal separation date as the offense date.
  • Retirement Benefits (Case-by-Case): Fam. Code 4325(b) allows a judge to award the injured spouse up to the full community share of retirement benefits in misdemeanor cases, considering factors such as marriage length and severity or frequency of abuse.
  • Rebutting the Presumption: The law allows the convicted spouse to show evidence of abuse victimization or other fair factors as a way to counter the presumption. When both spouses suffered injuries during mutual fights and received convictions, the judge may decide that denying support to one party would be unjust. The convicted spouse must provide evidence, including witness testimony and police reports, to demonstrate their case to the judge. Modifying or lifting the strict no-support presumption becomes possible when the convicted spouse successfully presents evidence. Without a successful rebuttal of the presumption, the law overwhelmingly rejects providing financial support to the convicted spouse.

What If Both Spouses Were Abusive?

SB 1129 acknowledges a tricky situation: Does the victim status of the alleged abuser affect the court's decision when domestic violence charges are involved? Real-life situations often involve complexities that require careful legal analysis. When a spouse receives a domestic violence conviction, they can seek judicial leniency by providing evidence of parallel abuse suffered at the hands of their partner.

In felony cases, the convicted spouse can demonstrate victimhood to enable the judge to decide which harsh penalties will or will not apply. The convicted spouse in misdemeanor cases may use evidence of abuse experienced by them to challenge the legal presumption.

Under SB 1129, the penalties would not necessarily apply to one spouse when both partners become convicted following mutual violent arguments. The judge can decide to reduce penalties for this person because evidence shows both parties participated in the abuse. This built-in mechanism functions as a fairness safeguard to handle complicated cases.

To receive this exception, the convicted spouse must provide documented evidence such as police reports, medical records, and witness statements. When evidence demonstrates convincing reasons, the court can disregard specific restrictions within SB 1129. The standard regulations will remain in force when evidence does not support the exception.

Bringing Your Case in LA

When you handle divorce cases in Los Angeles and California's divorce system, you will encounter SB 1129 because domestic violence plays a role in your cases. Below are key points to consider:

  • Documentation is Key: Provide evidence to demonstrate the conviction to the court. The court needs certified documents that show either the criminal record, probation history, or the record of sentencing being entered. SB 1129's regulations become effective only after the defendant's criminal conviction is established.
  • Know Your Role: Determine who the "injured spouse" is. SB 1129 provides you with protection if you are the person who experienced domestic violence. The court will protect you under SB 1129 when you were abused, but it will work against you if you were convicted unless you can prove you were mistreated.

  • Your Attorney Should Assist You in This Process

    : The article maintains a casual tone, but divorce law remains intricate. A Los Angeles family law attorney understands how to integrate SB 1129 into your legal situation. The legal professional will present the relevant law to the judge before clarifying that these rules apply to your situation.

  • Keep Time Limits in Mind

    : SB 1129 becomes relevant when you submit your divorce petition within the prescribed time frame. Your divorce proceedings should not wait if your case approaches the end of the five years.

  • Consider Settlement Negotiations Carefully

    : SB 1129 does not stop all cases from resolving through settlements outside the courtroom. When negotiating with your spouse, you need to follow these guidelines. An abusive spouse could present a one-time payment instead of spousal support because support payments are generally unavailable according to the law. When victims understand their position under SB 1129, they may accept modest reductions in retirement benefits.

  • Look Beyond SB 1129

    : Other California laws, such as Family Code 4320's spousal support factors, also consider domestic violence. Support awards are influenced by evidence types such as restraining orders, witness testimonies, child protective actions, and SB 1129. SB 1129 focuses on convictions, but domestic violence can be proven through alternative methods.

Find a Los Angeles Divorce Lawyer Near Me

Senate Bill 1129 demonstrates California's dedication to domestic violence survivor protection through its prohibition of financial benefits to abusers who share a marital estate. Family Code 4324.5 and 4325 establish new provisions that eliminate domestic violence offenders from alimony and retirement benefits while making abusers responsible for legal costs and demonstrating that abuse remains a severe offense even after divorce.

SB 1129 represents a fundamental change in how finances work during divorce proceedings in Los Angeles. Know all the details of the law and collect related criminal records to use these statutes effectively during court proceedings and settlement discussions. Knowledge of SB 1129 will allow you to defend your rights while achieving equitable outcomes under California's legal framework.

At Los Angeles Divorce Lawyer, we can help you navigate SB 1129’s requirements and present the necessary evidence to the court. To discuss how SB 1129 applies to your case, schedule a private consultation with our Los Angeles divorce attorneys at 310-695-5212.