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How Can Domestic Violence Affect Spousal Support?

The difficulties of getting a divorce seem endless. Not only do parties of a divorce have to deal with the emotional trauma of the procedure, they also have to go through an intense legal process to finalize the divorce. California is a no-fault divorce jurisdiction, which means that fault may not be taken into account when determining the outcomes of a divorce – including distribution of marital property and spousal support orders. However, the exception to this rule comes in to play when domestic violence was present in the marriage. This can have a significant impact on the outcome of your spousal support order.

What Factors Does the Court Consider When Making a Spousal Support Order?

In ordering spousal support under this part, California Family Code Section 4320 spells out the factors that the court must consider when deciding to award spousal support. The factors are as follows:

Of course, the court also has the discretion to consider any other factors the court determines are just and equitable. Additionally, the court has the discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this sections 4320 and 4336 of the California Family Code.

How Exactly Does Evidence of Domestic Violence Factor In When Awarding Spousal Support?

When making an award for permanent spousal support, the trial court is required to consider and weigh the factors listed in section 4320 of the Family Code to the extent that they are related to the case.

Temporary spousal support, on the other hand, is subject to the trial court’s broad discretion and the trial court may order any amount based on the party’s need and the other party’s ability to pay.

Section 4320(i) of the Family Code directs the trial court to consider a history of domestic violence between the parties, including consideration of emotional distress resulting from documented domestic violence against the supported party.[1] This section also creates a rebuttable presumption against awarding support to an abusive spouse. This means that the court will presume that the abusive spouse should not get a spousal support award unless that spouse rebuts the presumption by providing the court with convincing evidence. The code further states that the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.

Call Wallin & Klarich Today

At Wallin & Klarich, we understand how difficult it can be to go through a divorce. We also know the difficulty of dealing with a domestic violence claim. It is important that you understand how domestic violence in your marriage can affect the outcome of your divorce or your spousal support order.  We recommend that you seek the assistance of an experienced family law attorney immediately. Our knowledgeable attorneys at Wallin & Klarich have over 30 years of experience successfully helping our clients with divorces that arise out of domestic violence. Let us help you today.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our knowledgeable attorneys are available to help you no matter where you are located.

Call us today at (888) 749-7428 for a free phone consultation. We will get through this together.

[1] Cal. Fam. Code § 4320

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