Generally speaking, when a couple obtains a divorce, it’s possible for one spouse to have to pay spousal support to another for a period of time to prevent a complete collapse in a financial sense of the spouse that’s receiving this support.  However, California law does not allow for spousal support to be paid by a spouse who had been the target of either an attempted murder or the solicitation of a murder.

Unfortunately, those are as of now the only conditions where spousal support would not be paid.  Absent those factors, spouses can be and often are ordered to pay spousal support even if they had been abused in a sexual sense while they were married.  This includes potentially paying some legal fees for a spouse who face criminal trials for alleged sexual assaults committed against them.

However, one local legislator has introduced a bill that would expand the situations where a spouse would not be ordered to pay spousal support to situations where the spouse who would otherwise be receiving support is convicted of committing a violent sexual act against the supporting spouse.  The bill was introduced on Thursday and would have to go through several legislative hoops before becoming law, but supporters of the bill believe that such a law would help to avoid tremendously unfair outcomes for spouses who have been sexually abused under the tenets of the current support laws.

San Diego Domestic Violence Lawyers

Clearly, situations where a spouse has been abused and then is ordered to pay spousal support to that abuser will create enormously difficult situations for the person who is ordered to pay.  People who are in this position already face a difficult enough time simply working through the emotional damage that’s been inflicted, and those who face this situation need to act to protect their legal rights.

If you are facing abuse from your spouse, you need to seek the help of San Diego domestic violence lawyers who have helped many clients put this dysfunctional and dangerous cycle in the past.  Contact the law office of James D. Scott today to schedule an initial consultation.