What is Spousal Abandonment?
When a spouse leaves the family home in California, it can leave the other wondering if they have been legally abandoned by their spouse. This situation, known as spousal abandonment, is a recognized legal issue in California.
How Does California Law Define Spousal Abandonment?
The California Family Code does not provide a specific definition of spousal abandonment for divorce purposes. While abandonment of a child is defined – abandonment of a spouse is not. Section 270(a) of the California Penal Code does address spousal abandonment and it can be charged as a misdemeanor. The code states that every married individual who has the ability to provide for a spouse and who willfully abandons their spouse, leaving the other spouse destitute, is generally guilty of spousal abandonment under the penal code.
Can Spousal Abandonment Be Grounds for Divorce in California?
Although spousal abandonment can result in criminal penalties in California, spousal abandonment cannot be used as the grounds for your divorce because California is a “no-fault” divorce system. California recognizes only two grounds for divorce: irreconcilable differences (which is the most common) and incurable insanity. This no-fault approach simplifies the divorce process by removing the need for either party to prove wrongdoing. Despite this, spousal abandonment can still play a significant role in shaping the terms of a divorce settlement.
How Does Spousal Abandonment Impact Alimony?
Spousal abandonment can influence the financial aspects of divorce. If the spouse left behind has experienced financial hardship as a result, the court is more likely to award the abandoned spouse spousal support or alimony. Though alimony is not meant as punishment, abandonment that leads to financial distress often becomes an important factor in the court’s decision.
How Does Spousal Abandonment Impact Property Division?
In California, which is a community property state, marital assets and debts are typically divided equally between spouses, with some exceptions. However, when a spouse has abandoned the marriage, an argument can be made that the spouse abandoned their interest in the marital property as well. If successful, this could reduce the abandoning spouse’s share of the property.
How Does Spousal Abandonment Impact Child Custody and Support?
Spousal abandonment can have a serious impact on custody and child support decisions. Every case is unique, but if a parent abandoned their family and neglected their responsibilities, the court may weigh this heavily in determining custody and child support. The abandoning spouse could face significant disadvantages in custody decisions, particularly if their actions reflect a failure to care and provide for the children.
Contact Cardwell, Steigerwald Young
When a spouse abandons a relationship, home, and family, the impact can be devastating. The experienced San Francisco divorce attorneys at Cardwell, Steigerwald Young, LLP fight to ensure that abandoned spouses are heard and get the resources they need to move forward. Contact our team today to discuss your situation.
Sources:
wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=95&Issue=10&ArticleID=29426
codes.findlaw.com/ca/family-code/fam-sect-4321/
