Section 4324.5 Of Chapter 2. Factors To Be Considered In Ordering Support From California Family Law Code >> Division 9. >> Part 3. >> Chapter 2.
4324.5
. (a) In any proceeding for dissolution of marriage where
there is a criminal conviction for a violent sexual 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 shall apply:
(1) An award of spousal support to the convicted spouse from the
injured spouse is prohibited.
(2) Where economic circumstances warrant, the court shall order
the attorney's fees and costs incurred by the parties to be paid from
the community assets. The injured spouse shall not be required to
pay any attorney's fees of the convicted spouse out of the injured
spouse's separate property.
(3) At the request of the injured spouse, the date of legal
separation shall be the date of the incident giving rise to the
conviction, or earlier, if the court finds circumstances that justify
an earlier date.
(4) The injured spouse shall be entitled to 100 percent of the
community property interest in the retirement and pension benefits of
the injured spouse.
(b) As used in this section, "violent sexual felony" means those
offenses described in paragraphs (3), (4), (5), (11), and (18) of
subdivision (c) of Section 667.5 of the Penal Code.
(c) As used in this section, "injured spouse" means the spouse who
has been the subject of the violent sexual felony for which the
other spouse was convicted.