Can Someone Convicted of Domestic Violence Receive Alimony?
Let’s say a wife commits domestic violence against her husband. If she is arrested and convicted of Domestic Violence, there is a rebuttable presumption that she should not receive Spousal Support from her husband. The same is true if the husband committed Domestic Violence on his wife. The theory is that the victim of Domestic Violence should not be held to finance their own abuse perpetrated by the other spouse. If she was not convicted but they husband can show a pattern of abuse then he can still argue the wife should not receive spousal support. Family Code Sec 4325 reads as follows:
4325 (a) In any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding, or at any time thereafter, there shall be a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse otherwise awardable pursuant to the standards of this part should not be made.
(b) The court may consider documented evidence of a convicted spouse’s history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitable, as conditions for rebutting this presumption.
(c) The rebuttable presumption created in this section may be rebutted by a preponderance of the evidence.