Duty to Support a Spouse in California

Division 9, Part 3, Chapter 1 of the Family Code imposes a duty to support a spouse. Section 4300 requires a person to support the person’s spouse.

Section 4301 also requires a person to support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property.

Section 4302 specifies that a person is not liable for support of the person’s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement.

Section 4303 provides that the obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty of support. And, the court may order the obligor to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county under this section.

Chapter 2 deals with factors to be considered in ordering spousal support. Section 4320 requires the court, in ordering spousal support, to consider all fifteen specified circumstances.

Section 4321 allow the court, in a judgment of dissolution of marriage or legal separation of the parties, to deny support to a party out of the separate property of the other party in any of the two specified circumstances existing.

Section 4322 states that, in an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party’s proper support, no support is to be ordered or continued against the other party.

Section 4323 creates a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided.

Section 4324 provides that, in addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, or of soliciting the murder of the other spouse, the injured spouse is to be entitled to a prohibition of any temporary or permanent award for spousal support or medical, life, or other insurance benefits or payments from the injured spouse to the other spouse. The term “injured spouse” is defined.

Section 4324.5 states that, in any 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 and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following four circumstances apply.

In addition, the following terms are defined: “domestic violence felony,” “injured spouse,” and “violent sexual felony.” If a convicted spouse presents documented evidence of the convicted spouse’s history as a victim of a violent sexual offense, or domestic violence, perpetrated by the other spouse, the court may determine, based on the facts of the particular case, that one or more provisions of law do not apply.

Section 4325 provides, in a proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a misdemeanor that results in a term of probation perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding or during the course of the dissolution proceeding, there is a rebuttable presumption that three specified circumstances apply. The court must consider specific circumstances set forth.

Section 4326 states that, in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support.

However, termination of the child support order does not constitute a change of circumstances any of three specified circumstances.