When a spouse leaves the family home in California, the spouse left behind often wonders if they have a case for spousal abandonment or marital abandonment. Are they entitled to financial support from the spouse who walked out? And how does this impact the divorce process?
The answers aren’t always clear-cut, but one thing is certain: if your spouse has abandoned you, it’s crucial to share all the details with your divorce attorney. A skilled family law attorney will know how to use this information to your advantage, particularly when addressing issues like the division of property, child custody, and spousal support.
How Does California Define Spousal Abandonment?
Surprisingly, the California Family Code does not specifically define spousal abandonment in the context of divorce. The term is more commonly used when referring to a parent abandoning a child, but it is not officially defined for spouses. However, the accepted understanding of spousal abandonment is when one spouse leaves the family home without the other spouse’s consent and with the intention to end the marriage.
In terms of criminal law, spousal abandonment can be classified as a misdemeanor under Section 270a of the California Penal Code. This section states that any spouse who has the ability to support their partner and willfully abandons them in a destitute condition can face legal consequences. While getting an abandoning spouse arrested may not seem helpful, it’s a reminder that California law expects spouses to support each other, and there are repercussions for failing to meet those obligations.
Spousal Abandonment Isn’t Grounds for Divorce in California
Even though abandonment is a crime in California, it cannot be used as grounds for divorce. California is a “no-fault” divorce state, meaning most couples file for divorce due to “irreconcilable differences.” This simplifies the process since no one has to prove or admit wrongdoing to dissolve the marriage. The only other grounds for divorce in California is incurable insanity.
However, while spousal abandonment doesn’t affect the ability to file for divorce, it can still influence the outcome of a divorce settlement.
An Abandoned Spouse Could Be Awarded Alimony
If abandonment leaves one spouse in financial hardship, it could increase the likelihood of receiving alimony. Although alimony isn’t intended to punish bad behavior, if the act of abandonment contributes to the financial need of the spouse left behind, the court will likely consider this when awarding spousal support.
Property Division Could Be Affected by Abandonment
Generally, property acquired during the marriage is split equally between both spouses. However, when a spouse has abandoned the marriage, it may be argued that they also abandoned their share of marital assets. In some cases, the court may decide to allocate a greater portion of property to the abandoned spouse or assign more of the marital debt to the abandoning spouse.
Child Custody and Support Considerations
When it comes to child custody, abandonment can have a major impact. A parent who leaves the family home without providing financial or emotional support is unlikely to be seen as a responsible caregiver. As a result, the court may be more inclined to award sole legal and physical custody to the parent who remained with the child.
However, abandoning a marriage does not absolve a parent of their child support obligations. Both parents are legally required to support their children, and failure to do so can result in severe consequences like wage garnishment or even incarceration.
How Custody Queens Can Help If You’ve Been Abandoned
If your spouse has walked out on your marriage, home, and family, the emotional and financial toll can be overwhelming. At Custody Queens, we understand the challenges that spousal abandonment creates, and we’re here to help you protect your rights and secure the resources you need to move forward.
With extensive experience in family law, our team will fight for the best terms in your divorce and custody arrangements. Contact Custody Queens today for a confidential consultation.
- How Long Does A Divorce Take With Children In California? - December 29, 2024
- Legal Separation In California—How Is It Different From Divorce? - December 19, 2024
- When Alimony Goes Unpaid In California, What Happens? - December 12, 2024
