When one spouse is criminally convicted of domestic violence against the other, California presumes the abuser should not receive spousal support — a powerful, rebuttable protection for the injured spouse.

QIM 35 | Family Law | Caffeine Law

Ava: Michael, this is one people feel strongly about: if a spouse is convicted of domestic violence against their husband or wife, can they still turn around and demand alimony from the person they hurt?

Michael Benavides, Esq.: California addresses that head-on with Family Code section 4325. When a spouse has a criminal conviction for domestic violence against the other spouse — entered within five years before the divorce was filed, or during the case — the law creates a rebuttable presumption that awarding spousal support to the convicted spouse from the injured spouse is prohibited. In plain terms: the abuser is presumptively cut off from collecting support from their victim.

Ava: "Rebuttable" — so it's not absolute?

Michael Benavides, Esq.: Correct. It's a strong presumption, but it can be overcome by a preponderance of the evidence. For example, the court can consider documented evidence that the convicted spouse was themselves a victim of domestic violence by the other spouse, or other factors the court finds just and equitable. So it's powerful protection, not an automatic, permanent bar — the facts still matter.

Ava: Does the statute do anything beyond blocking the abuser's support?

Michael Benavides, Esq.: It does, and this surprises people. Section 4325 also lets the court award the injured spouse up to 100% of the community-property interest in their own retirement and pension benefits, and it protects the injured spouse from having to pay the convicted spouse's attorney fees out of the injured spouse's separate property. The Legislature built in real financial consequences for the abuse.

Ava: What if there's a pending case but no conviction yet?

Michael Benavides, Esq.: Then the presumption under section 4325 hinges on a conviction — a pending charge isn't the same thing. That said, a documented history of abuse is separately relevant to spousal support under the general support factors, and a court weighs it. Honest caveat: this is sensitive, fact-specific territory — the timing of the conviction, the type of offense, and the evidence all matter, and outcomes vary. Anyone dealing with domestic violence should prioritize their safety first and get help.

Ava: The bottom line?

Michael Benavides, Esq.: California does not make a domestic-violence victim bankroll their abuser. Section 4325 presumes no support to the convicted spouse — and gives the injured spouse additional financial protections on top of it.

Talk it through with Caffeine Law. If domestic violence is part of your divorce — as a survivor protecting your rights — a California family-law attorney can apply Family Code § 4325. Schedule a consultation with Michael Benavides, Esq.

Disclaimer

Attorney advertising. General information about California family law, not legal advice; reading it creates no attorney-client relationship. Domestic-violence and support questions are highly fact-specific and depend on convictions, timing, and evidence; statutes and case law change and are applied differently to different facts — confirm the current rules with a licensed California attorney before acting. If you are in danger, call 911; the National Domestic Violence Hotline is 1-800-799-7233. Michael Benavides, Esq. — California State Bar No. 270714 — is the only licensed attorney and the source of every legal statement here. Ava Benavides is an editorial brand voice, not an attorney, and does not give legal advice in her own name.