As a no-fault divorce state, California does not require parties to provide justification for why they want to end their marriage—it is enough that at least one spouse feels the relationship is at an end. By the same token, in general, what each party did (or did not do) that contributed to the breakdown of the relationship isn’t considered by the court when dividing up their shared assets. That is not the case in situations of property division involving domestic abuse.
Because California is a community property state, marital assets are typically divided equally between the parties. However, California law includes special considerations for abuse cases in divorce, especially where there has been a criminal conviction. The impact of domestic abuse on property division can also depend on the financial implications of the abuser’s actions. For those attempting to leave an abusive marriage, understanding their legal rights can be crucial for not only protecting themselves during a divorce but also ensuring that they receive the full financial settlement they’re entitled to.
- Domestic Violence in California
- Potential Effects of Domestic Abuse on Property Division
- Legal Protections for Abuse Survivors in Divorce
- Frequently Asked Questions
Property division cases involving domestic abuse can have long-lasting implications
Domestic Violence in California
As the National Domestic Violence Hotline points out, abuse in intimate relationships isn’t just about physical violence. Instead, it is about patterns of behavior that are meant to exert power and control over a partner in that relationship. In California, the law recognizes that abusive behavior can take many forms that may be virtually invisible to those outside the relationship but that nevertheless harm the mental health and well-being of the victim.
Less overt forms of abuse, such as financial abuse, emotional abuse, and technology abuse can be harder to prove but no less damaging. While it might seem hard to believe, no social group or economic class is immune to the threat of domestic abuse, and even those in affluent marriages can all too easily find themselves being victimized by a spouse who weaponizes their position, influence, and resources against them.
Potential Effects of Domestic Abuse on Property Division
When domestic abuse occurs in the form of financial abuse, it can have an impact on property division. Financial abuse can take the form of an abuser refusing to let their spouse work outside the home or limiting their ability to work to their full capacity. They might also take over control of the family finances, refusing to share information, unilaterally making decisions about spending, or even hiding or misappropriating funds. In such situations, the court can have the discretion to order a greater share of community property to go to the abused party due to the economic harm they’ve suffered.
If a spouse has been criminally convicted for a domestic violence felony or misdemeanor, there are even clearer implications for property division. Family Code § 4324.5 and Family Code § 4325 specify that in divorce cases taking place within five years of one spouse having been convicted of a domestic violence felony or misdemeanor, the injured spouse is entitled to 100 percent of the community property interest in their own retirement or pension benefits (meaning they do not have to share their retirement accounts with their abuser). In addition, the injured spouse can request that the date of separation be defined as the date of the incident that resulted in the conviction, which can affect which assets are defined as community property and therefore subject to division.
Legal Protections for Abuse Survivors in Divorce
An abused spouse who wants to leave their marriage may hesitate to act from the fear they’ll be left vulnerable to further abuse and financially destitute as they try to get a divorce. In California, an individual can ask for a domestic violence restraining order to provide protection against a range of behaviors—for example, it can require the restrained party to have no contact with the protected party, move out of a shared family home, and/or pay spousal and child support.
An initial temporary restraining order that provides short-term protection can be obtained without a court hearing, but successfully petitioning for a permanent restraining order will require providing compelling evidence of abuse to a judge. Retaining an experienced family law attorney can help ensure that the restraining order sought will provide the necessary protection and present the strongest possible argument in court.
Expert Property Division Attorneys in Silicon Valley
When you’re desperate to escape an abusive marriage, you may hardly be able to think beyond the immediate challenge of getting out safely. However, the decisions made about property division cases involving domestic abuse can have long-lasting implications for your ability to pick up the pieces and enjoy a financially secure future. The expert family law attorneys at Hoover Krepelka understand your legal rights and can forcefully advocate to protect your safety and your interests. To find out more, schedule a consultation by filling out the form below.
———————————————————————————————————————————————————————
Frequently Asked Questions
How does domestic abuse influence property division in a divorce?
In California, courts can award a larger share of community property to the survivor if the abuse caused financial harm or resulted in a criminal conviction. This can include adjustments to spousal support and property division to account for the victim’s financial hardship.
Can abuse survivors claim more assets in a divorce?
Yes, courts can grant abuse survivors a greater share of marital assets if the abuse caused financial hardship.
What legal protections exist for abuse victims during divorce?
Abuse victims can seek restraining orders, emergency spousal support, and adjustments to property division to protect their financial stability.
